IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 7002 of 2008() ----------------------------- CRIME NO. 820/2008 OF TALIPARAMBA POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ MUSTHAFFA HAJI, KOOVAN, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.820 OF 2008 OF TALIPARAMBA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7002 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 489(B) and (C) IPC. According to prosecution, 1st accused deposited Rs.25 lakhs in a bank and out of this, 35 currency notes of Rs.500 denomination were found to be counterfeit currency notes. Accused nos.2 and 3 are also implicated in the offence, since they paid Rs.15,16,000/- and Rs.15,00,000/- respectively to the wife of the 1st accused, in connection with purchase of property from her and the amount deposited by 1st accused comprises of the above amount. 3. Learned counsel for petitioner submitted that petitioner is the 2nd accused and he is not involved in any offence of similar nature. He purchased the property and the amount was paid at the Registrar's Office and it did not contain any fake currency notes. It was only after verification that the amount was received from petitioner. It is also pointed out that on the same day another transaction also took place with the 3rd accused and it is not possible to say out of which amount, the BA 7002/09 -2- fake notes were found. Therefore, petitioner may be granted anticipatory bail. Petitioner will co-operate with the investigation. 4. Learned Public Prosecutor submitted that 1st accused deposited money on the same day on which property transaction was effected in favour of the wife of 1st accused. Petitioner is required for interrogation. But it is conceded that no counterfeit notes were seized from the possession of petitioners and as per instructions, no criminal antecedents are reported. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall report before the Investigating Officer within four days BA 7002/09 -3- from the date of his release on bail and co-operate with the investigation. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while This petition is allowed. K.HEMA, JUDGE. mn.