IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5339 of 2008(Y) ------------------------------ CRIME NO.343/2008 OF AMBALAMEDU POLICE STATION .................... PETITIONER/ ACCUSED ------------------------------------ SHAMSUDIN.K.M, AGED 44 YEARS, S/O.MUSTHAFA, KOYAMPARAMBIL, PERINGALA, PALLIKKARA. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5339 of 2008 ------------------------------------------------------- Dated this the 29th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 489(B) and (C) of IPC. According to prosecution, petitioner went to SBI, Ambalamedu branch for depositing Rs.2 lakhs in his account and out of the amount, one bundle of 100 notes of 1000 rupees denomination was found to contain fake notes. On a complaint made by the Branch Manager, a crime was registered against the petitioner. Petitioner appeared before the police on 14.7.2008 and he was arrested on 16.7.2008. 3. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations made. He had received the amount from one Shaffi, who withdrew the amount from the Co-operative Bank. The bundle which allegedly contained fake notes was wrapped, and on the wrapper details of the Bank are recorded. Petitioner had no reason to believe that the bundle contained fake notes. Petitioner was aware that it is BA No.5339/08 2 possible for the officials of SBI to detect fake notes, since there is a detecting machine in the branch and therefore, petitioner would not have taken a risk in taking any bundle of currency note containing fake notes to the bank for deposit. Petitioner is absolutely innocent in the matter and he had given all the details to the police, including name of the person from whom the money was received. But, the said person, Sri.Shaffi, is not so far arrested. 4. Learned public prosecutor submitted that taking into consideration, the stage of investigation and period of detention, he has no objection in granting bail to the petitioner on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. BA No.5339/08 3 (iii) Petitioner shall not tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl