IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 195 of 2008() ---------------------------- CRIME NO.351/07 OF FEROKE POLICE STATION .................... PETITIONER/ACCUSED ----------------- K.ABDUL AZEEZ,S/O.MUHAMMED,RESIDING AT KOTTUMPADI HOUSE,POST KARIPUR,KONDOTTI, MALAPPURAM. BY ADV. SRI.V.V.SURENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER,FEROKE POLICE STATION,KOZHIKODE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 195 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of January, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 498 A to C I.P.C. The crux of the allegations against the petitioner is that he had handed over amounts to the defacto complainant, which contain counterfeit currency notes. Crime has been registered. Investigation is in progress. The petitioner remains in custody from 24.12.2007. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had only received amounts bonafide from some others. He was not conscious of the fact that they were counterfeit currency notes. Like the others who had received the amounts bonafide, he had also received the amount without any inkling that they were counterfeit currency notes. He has been thoroughly interrogated. No clue has been collected. B.A.No. 195 of 2008 2 In these circumstances it is prayed that the petitioner may be granted regular bail. 3. The learned Prosecutor does not oppose the application. He only prays that appropriate conditions may be imposed. To a pointed query by this Court, the learned Prosecutor submits that the investigation so far has not revealed anything to show that the petitioner was in possession of the counterfeit currency notes with any contumacious or culpable intention. The matter deserves to be probed into. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted regular bail, subject to appropriate terms and conditions. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 195 of 2008 3 (b) He shall make himself available for interrogation before the Investigating Officer on all Mondays, Wednesdays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (c) The petitioner shall not leave the Sessions Division of Kozhikode during the said period of two months, without the prior permission of the learned Magistrate. (R. BASANT) Judge tm