IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 1014 of 2008() ----------------------------- CMP.4726/2007 of J.M.F.C.,KUNNAMKULAM CRIME NO.1342/07 OF KUNNAMKULAM POLICE STATION .................... APPLICANT : ACCUSED NO.2 -------------------------- SHAHUL HAMEEED,AGED 55 YEARS S/O.KUNJALI, ALUNGAL HOUSE PANDALLUR DESOM, CHOWANNUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1014 of 2008 ------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused. He faces allegations in a crime registered alleging commission of offences punishable under Section 489 B and C. The petitioner was arrested and remains in custody from 11.12.07. The petitioner had come to this Court earlier claiming regular bail and his prayer for regular bail was rejected as per order dated 30.01.08 in B.A.No.512 of 2008. I have adverted to facts in detail in the said order. This order must be read in continuation of that order. I am hence not adverting to facts in any greater detail in this order. 676 counterfeit currency notes of Rs.100/- denomination were allegedly seized from the possession of the petitioner. Investigation in the crime is not complete. It is at a sensitive stage. The higher links in the organised crime have not been traced and arrested so far. The Investigating Officer is proceeding to Tamil Nadu to arrest the co-accused today, submits the learned Public Prosecutor. B.A.No.1014 of 2008 2 2. The learned counsel for the petitioner, submits that the petitioner who has remained in custody from 11.12.07, may, at any rate, be enlarged on bail now. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner has no criminal antecedents, but submits that the investigation is at a very sensitive stage and the petitioner may not be released from custody immediately. The Investigating Officer may be given some further time to complete the investigation. Subject to such appropriate conditions bail can be granted to the petitioner, submits the learned Public Prosecutor. 3. Having considered all the relevant inputs, I am persuaded to agree that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. I accept the request of the learned Public Prosecutor that the investigator may be given some further time to complete the investigation. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 06.03.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; B.A.No.1014 of 2008 3 ii) 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 the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-