IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5415 of 2009 CBCID CRIME NO.73/CR/S11/09SIG 11 EKM CRIME NO.198 OF 2009 OF CHANGANACHERRY POLICE STATION PETITIONER: 1 ST ACCUSED. ------------------------ REJI,S/O.RAJAPPAN, AGED 34, VAYALUMKAL, CHERUVALLIKUNNU THAZHE BHAGAM, NEDUMKUNNAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM. BY ADV. SRI.MATHEW SEBASTIAN RESPONDENTS: COMPLAINANT. --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, CBCID,(SWIG-II), COUNTERFEIT SQUAD, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5415 OF 2009 ------------------------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.198 of 2009 of Changanassery Police Station, which is now numbered as CBCID Crime No.73/CR/S11/09SIG 11 EKM. 2. The offences alleged against the petitioner are under Sections 489B, 489C and 120B read with Section 34 of the Indian Penal Code. 3. On 31.3.2009, the police got telephonic information that counterfeit currency notes are kept in the Autorickshaw driven by Ajeesh. The police intercepted the vehicle and found four counterfeit hundred rupee notes in the tool kit of the Autorickshaw driven by Ajeesh. He was arrested and later he was released on bail on the same day. The crime was registered under Section 489(C) of the Indian Penal Code, which is a bailable offence. B.A. NO. 5415 OF 2009 :: 2 :: 4. Later, investigation of the case was transferred to CBCID. It would appear that Ajeesh was later exonerated from the case on the ground that he is not the person involved in the offence. The investigation revealed that accused No.1, who had money transactions with the mother of Ajeesh, was not on cordial terms with Ajeesh and therefore, the first accused made a telephone call to the police stating that counterfeit currency notes were available in the Autorickshaw driven by Ajeesh. The investigation also revealed that on instruction given by the first accused, accused Nos.2 and 3 had put the counterfeit currency notes in the Autorickshaw. 5. The petitioner was arrested on 31.7.2009 and he is in judicial custody. 6. B.A.No.5179 of 2009 filed by the third accused was allowed by this Court as per the order dated 15.9.2009. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am B.A. NO. 5415 OF 2009 :: 3 :: of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Changanassery, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/