IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6140 of 2011() ----------------------------- CRMP.3164/2011 of J.M.F.C.,ALATHUR Crime No.236/CR/SII/08 of CBCID (Crime No.638 of 2008 of Alathur Police Station.) .................... PETITIONERS :ACCUSED Nos.4 & 5 -------------------- 1. ANEES, S/O.KUNJUMOIDEEN, AGED 30 YEARS, MURIKKINKADAN HOUSE CHELLUR, KOTTILANGADI, MALAPPURAM. 2. BASHEER, S/O.ALAVI, AGED 38 YEARS, PONNANGATHODI HOUSE KUNDAU, KOTTILANGADI, MALAPPURAM. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS:STATE- COMPLAINANT --------------- 1. STATE OF KERALA, CRIME NO.236/CR/SII/08 OF CBCID CRIME NO.638/2008 OF ALATHUR POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. 2. THE DETECTIVE INSPECTOR, CBCID, OCW-III, PALAKKAD 678 001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6140 of 2011 ---------------------------------------------- Dated this the 03rd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.236/CR/SII/08 of CBCID (Crime No.638 of 2008 of Alathur Police Station.) 2. The offence alleged against the petitioners is under Section 489-B & C read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- On 11/11/2008, the first accused (Lakshmanan) remitted a sum of `95,000/- in the State Bank of Travancore, Alathur to redeem the ornaments pledged by him. It was found that 4 currency notes of the denomination `1,000/- were counterfeit currency notes. At that time, Lakshmanan asked the bank people to verify the genuineness of currency notes in another sum of Rs.2 lakhs with him. From that amount, the bank people found that 8 currency notes of the denomination of Rs.1,000/- were counterfeit currency notes. The police made a Bail Appln.No.6140/2011 : 2 : search in the house of Lakshmanan. It was found that in the money kept in his house, 4 currency notes of the denomination of `1,000/- were counterfeit currency notes. It is stated that Lakshmanan sold 2.7 acres of land to his neighbour Noushad for which a sum of Rs.2 lakhs was received in advance. Noushad is working in UAE. It is stated that a sum of Rupees Three lakhs was paid to the brother of Noushad who in turn handed over the same to Lakshmanan. The amount was sent to Noushad through a hawala agent, who is arrayed as accused No.4. Accused No.4 was arrested at Karipur Airport on 13/07/2011. Investigation revealed that the Hawala amount was arranged by accused No.5. Accused No.5 was also arrested on 13/07/2011. 4. The source of the counterfeit currency notes has to be found out. Thorough investigation is required. In the nature of the offence, the investigation of the case is a difficult job. If the petitioners are released on bail at this stage, it is most likely that they would try to intimidate or influence the witnesses and tamper with the evidence. It is also likely that the petitioners may abscond and flee from justice. For the Bail Appln.No.6140/2011 : 3 : aforesaid reasons, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj