IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 149 of 2007()
1. CHANDRATHIL NIJIL, AGED 22 YEARS,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
2. DISTRICT SUPERINTENDENT OF POLICE,
3. STATE, REPRESENTED BY
For Petitioner :SRI.C.KHALID
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/01/2007
O R D E R
V. RAMKUMAR, J.
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B.A.Nos.149 & 186 of 2007
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Dt. JANUARY 16, 2006
ORDER
These are applications for regular bail. The
petitioner in B.A.No.149/2007 is the 7th accused and the
petitioners in B.A.No.186/2007 are accused Nos.1, 4 and 6
in Crime No.589/2006 of Valapattanam Police Station for
offences punishable under sec.489B and 489C I.P.C.
2. The learned Public Prosecutor opposed the
applications and made available to him the case diary files
for perusal.
3. What is unfolded by the investigation thus far
conducted by the police is the following:-
As per information received from the Superintendent of
Police, Kannur, the Sub Inspector of Police, Traffic Police
Station, Kannur, reached a place called Kattampalli at 1.30
a.m. on 6.12.2006 and found a Tata Sumo car bearing
registration No.KL-13/P-1904 and one motorcycle parked by
the side of the Kattampalli bridge. The police party
headed by the Sub Inspector approached the car and demanded
BA 149 & 186/07 Page numbers
the persons inside to open the door. Accordingly, the door
of the car was opened and accused Nos.1 to 6 got down from
the car. The 7th accused was the driver of the car. Even
though the police party ransacked the car, they did not
obtain anything incriminating from the motor vehicle.
Thereafter the accused persons were subjected to a body
search during the course of which 77 forged currency notes
of Rs.100/- and Rs.50/- denominations and bearing the same
serial number for both denominations were recovered from
the body of accused Nos.1 to 6. Finding that the aforesaid
currency notes were counterfeit notes, the police party
arrested all the accused persons, seized the currency motes
as well as the car and the motorbike under a mahazar. The
accused persons, the incriminating material objects,
seizure documents and the vehicles were produced before the
S.H.O., Valapattanam Police Station where the above crime
was registered. The investigation of the case has
subsequently been entrusted with the C.B.C.I.D., SIG-III,
Kozhikode.
4. Having regard to the fact that the 7th accused is
only the driver of the Tata Sumo which is a taxi car
regularly parked at Kololam taxi stand and no counterfeit
notes were recovered from him, I am inclined to grant bail
to the 7th accused. But, in the case of accused Nos.1, 4
BA 149 & 186/07 Page numbers
and 6, fake notes were recovered from their person and the
investigating agency is seriously probing into the
ramifications of the racket and the source of the
counterfeit notes. At this stage of the investigation I am
not inclined to grant bail to accused Nos.1, 4 and 6.
Accordingly, the 7th accused (petitioner in B.A.149/2007) is
directed to be released on bail on his executing a bond for
Rs.15000/- with two solvent sureties, each for the like
amount to the satisfaction of the J.F.C.M., Kannur, and
subject to the following conditions:-
1. The 7th accused shall report before the
Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
2. He shall make himself available for
interrogation as and when required by the
police till the filing of the final report.
3. He shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
4. He shall not commit any offence while on
bail.
If the 7th accused commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
BA 149 & 186/07 Page numbers
In the result, B.A.149/2007 is allowed and bail is
granted to the 7th accused and B.A.186/2007 is dismissed
refusing bail to the petitioners therein.
(V.RAMKUMAR, JUDGE)
mt/-