IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 5842 of 2011() ----------------------------- CRIME NO.511/2011 OF VADAKKENCHERY POLICE STATION PALAKKAD DISTRICT APPLICANTS/ACCUSED : ---------------------- 1. SHANAF, S/O.ABDUL MANAF, AGED 22 YEARS, "SANMARG", AMAKULAM, VADAKKENCHERY P.O., ALATHUR, PALAKKAD DISTRICT. 2. SHAFI, S/O.SULAIMAN, AGED 34 YEARS, SHA MANZIL, AMAKULAM, VADAKKENCHERRY P.O., ALATHUR, PALAKKADU DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5842 of 2011 ---------------------------------------------- Dated this the 03rd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.511 of 2011 of Vadakkenchery Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 489A and 489B of the Indian Penal Code. 3. The prosecution case is that on 9.7.2011, accused No.1 filled petrol in the motor bike belonging to accused No.2 and tendered a thousand rupee note in the petrol bunk. On suspicion, the currency note was got verified. It was found that it was a counterfeit currency note. The Manager of the petrol bunk submitted a petition to the police and accordingly, the crime was registered. 4. On 2nd August, 2011, the following order was passed in the Bail Application:- “The learned Public Prosecutor submitted that investigation is going on as to the Bail Appln.No.5842/2011 : 2 : source of the counterfeit currency notes. It is submitted that on the search of the body of accused Nos.1 and 2 and their houses, no counterfeit currency notes were seized. It is submitted that investigating officer is taking into account all the inputs to arrive at a conclusion as to who is responsible for the circulation of the counterfeit currency notes. The learned Public Prosecutor submitted that two weeks' time may be granted to make a final statement as to the complicity of the petitioners in the offence. 2. Post on 16.8.2011. If the learned Public Prosecutor gets further details, he is free to move for posting of the case even before 16.8.2011.” 5. When the case came up for hearing on 22nd September, 2011, the petitioners were directed to appear before the Investigating Officer on 28th and 29th September, 2011. It is submitted that the petitioners appeared before the Investigating Officer and co-operated with the Investigating Officer in the matter of investigation. 6. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 22/09/2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will Bail Appln.No.5842/2011 : 3 : be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj