IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 2602 of 2010() ----------------------------------------- CRIME NO.117/CR/OCW/IV/10 OF CRIME BRANCH (CID), KANNUR. (OLD CRIME NO.10/2010 OF KOZHIKODE KASABA POLICE STATION). .................... PETITIONER/FIFTH ACCUSED -------------------------------------------- SHAJEESH, S/O.SIVADASAN, AGED 27 YEARS, THEKKUM KOLIL HOUSE, MANARI MYTHRI ROAD, THIRUVANNUR, CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENT/STATE -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, C.B.(C.I.D), KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THE MENTIONING OF C.B. (CID), KOZHIKODE IN BAIL ORDER PASSED BY THE SESSIONS COURT, KOZHIKODE IN C.M.C.511 OF 2010 IS AN ERROR. THE CASE IS INVESTIGATED BY C.B. (CID, KANNUR). BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 2602 of 2010 ------------------------------------ Dated this the 19th day of July, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 489 B & 489 C read with Section 34 of the Indian Penal Code. According to prosecution, Forest officials got information that the second accused was having tiger skin in his possession, they went to second accused, on the pretext that they wanted tiger skin and asked for tiger skin. He then told him that it was not available readily but it is to be brought from Karnataka. But, he said he would arrange fake currency notes of good quality. Thereafter, second accused along with accused nos. 3 and 4 took the forest officials to a particular place at Calicut and made arrangements with first accused to hand over the fake currency notes to the forest officials. 3. First accused procured fake currency notes of Rs. 500/- denomination worth more than Rs. 7,00,000/- from 5th accused, who supplied the same to the first accused , who in turn, handed over the currency notes to the Forest Officials. The Forest Officials B.A. No. 2602 / 2010 2 had already make arrangement other forest officials for arresting these people and the latter came to the scene and arrested first accused from the spot. The fake currency notes were seized. 4. Learned counsel for petitioner submitted that offence under Section 489 C alone will be attracted against petitioner, who is the 5th accused in the crime. Section 489 C is bailable. Hence, anticipatory bail may be granted, it is submitted. 5. Learned Public Prosecutor opposed this bail application and submitted that the allegations made against petitioner are serious in nature. Petitioner has a very serious role in the commission of the crime. Petitioner is the person, who had arranged the fake currency notes to first accused and offence committed by him is not merely offence under Section 489 C. This is not a fit case to grant anticipatory bail, it is submitted. Petitioner's custodial interrogation is necessary to find out the source of the fake currency note of huge numbers, it is submitted. The arrest of the first accused was effected on 05.01.2010 and petitioner has been absconding for the past about 7 months, it is added. 6. On hearing both sides and on considering the serious nature of the allegations made and the nature of the involvement B.A. No. 2602 / 2010 3 of petitioner in the offence, the need for custodial interrogation, for an effective investigation. I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 05.01.2010 and petitioner is bound to surrender before the investigating officer and co-operate with the investigation. Any further delay caused in the surrender of petitioner will adversely affect the investigation. Hence, the following order is passed: 1. Petitioner shall surrender before the investigating officer without any delay and co-operate with the investigation. 2. No further application for anticipatory bail filed by petitioner in this crime will be entertained by this court hereafter. Petition is dismissed. K. HEMA, JUDGE ln