IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7075 of 2009 ----------------------------- CBCID CRIME NO.132/CR/09, CRIME NO.116/09 OF THE AREACODE POLICE STATION, MALAPPURAM. PETITIONER: ACCUSED NO.3: ------------------------------ A.AYOOB, S/O. ABOOBACKER, SHAJILA MANZIL, NEMAM, THIRUVANANTHAPURAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEPUTY SUPERINTENDENT OF POLICE, CBCID, SIG III, KOZHIKODE. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7075 OF 2009 ------------------------------------------------------ Dated this the 8th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in CBCID Crime No.132/CR/09, which was originally registered as Crime No.116 of 2009 of Areacode Police Station, Malappuram District. 2. The offences alleged against the petitioner and the other accused are under Sections 489A, 489B, 489C, 489D and Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 29.3.2009, the accused persons purchased six goats reared by the mother of the de facto complainant and paid her consideration for the same in terms of seven currency notes of the denomination of Rs.1000/-. It is stated that the mother of the de facto complainant lent Rs.5,000/- to a relative and gave five currency notes out of the above seven currency notes. He produced one of the currency notes before a petrol bunk. The petrol bunk people found out that the currency note was a counterfeit currency. The relative of the de facto complainant reported the matter to him. The de facto complainant approached the police and lodged the First Information B.A. NO. 7075 OF 2009 :: 2 :: Statement. The crime was accordingly registered. The petitioner was arrested on 7.10.2009. 4. The learned Public Prosecutor submitted that the petitioner is involved in another crime of the same nature, wherein he along with the other accused had purchased goats for Rs.10,000/- and had given ten counterfeit notes of the denomination of Rs.1000/-, which were later found to be fake currency notes. 5. The offence is very serious in nature. A person involved in such an offence is not entitled to any discretionary relief. The involvement of the petitioner in other offences of similar nature would disclose that it is not safe to release the petitioner on bail. If he is released on bail, it is most likely, as rightly pointed out by the learned Public Prosecutor, that he would involve in similar activities to the detriment of the general public and the economy of the country. I am not inclined to grant bail to the petitioner at this stage. The petitioner is not entitled to any such relief. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/