IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5076 of 2010() ----------------------------- CMP.2250/2010 of J.M.F.C.-II, PEERUMEDU (CRIME NO.61/CR/SII/05 OF VANDIPERIYAR POLICE STATION, IDUKKI DISTRICT ) .................... PETITIONER/4TH ACCUSED ------------------------------------------ SURESH,AGED 40 YEARS,S/O.GANAPATHY, VISHNU BHAVAN,WALLARDIE MEPARET PUTHUVAL WALLARDIE.P.O,VANDIPERIYAR,IDUKKI DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY POLICE SUPERINTENDENT, CBCID SIG(II),ERNAKULAM. PP MR.C S HRITHWICK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08.2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5076 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is an application filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is the fourth accused in Crime No.24 of 2005 of Vandiperiyar Police Station for having committed the offences punishable under Sections 489 (B), (C) read with Section 34 of the Indian Penal Code. The prosecution allegation is that on 25.1.2005 while the police party was on petrol duty, they got reliable information that one person was passing on counterfeit currency notes. When they reached the place they found a person in a suspicious manner and on search of his body counterfeit currency notes were recovered. 3. Initially it is seen that the investigation officer has submitted a report wherein the petitioner was shown as witness No.46 in the above crime. He was questioned on 4.2.2007, 13.8.2007 and 30.4.2009 and B.A.5076/2010. 2 his depositions were recorded. His statement under Section 164 Cr.P.C. was also got recorded. Later, on the allegation that the petitioner did not disclose the true facts and tried to protect the accused, he was brought on the array of accused. Apprehending arrest petitioner moved B.A. 2944 of 2010 seeking anticipatory bail. That was dismissed directing the petitioner to surrender before the court below. Accordingly the petitioner surrendered before the court below. Eversince then, he is in custody. Petitioner would say that he is totally innocent and he has been falsely implicated with ulterior motive. He also points out that at any rate major portion of the investigation is over and his continued custody is unnecessary. He therefore seeks bail. 4. Learned Public Prosecutor opposes the petition. It is pointed out that the claim of the petitioner that he is innocent cannot be accepted. 5. The fact that he was initially shown as the witness cannot be disputed. Whether he is involved in the offence is a matter to be determined later. The fact remains B.A.5076/2010. 3 that his statement under Section 164 has been recorded. He surrendered before the court below on 20.7.2010. There is nothing to indicate that investigation is yet to be completed. It is felt that his continued custody is unnecessary. In the result, this application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM-II, Peermade. 2) Petitioner shall report before the investigating officer on every Wednesday between 10 a.m. and 11 a.m. till final report is laid. 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.