High Court Kerala High Court

Noufel vs State Of Kerala Through The S.I.G on 19 November, 2009

Kerala High Court
Noufel vs State Of Kerala Through The S.I.G on 19 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3341 of 2009()


1. NOUFEL,AGED 23 YEARS,S/O.MUHAMMED,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA THROUGH THE S.I.G.,
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/11/2009

 O R D E R
                       K.T.SANKARAN, J.
                 ---------------------------------------------
                        B.A.No.3341 of 2009
                 ---------------------------------------------
           Dated this the 19th day of November, 2009


                              ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is the

accused in Crime No.183/CR/S III/07 of CBCID, Kozhikode.

2. The offences alleged against the petitioner are under

Sections 489B and 489C of the Indian Penal Code.

3. The prosecution case is that one Fathima borrowed a

sum of Rs.3,500/- from the petitioner. The petitioner gave seven

500/- rupee notes to Fathima. Fathima went to a Co-operative

Bank for the purpose of paying the instalments towards the loan

account. At that time, the Bank officials stated that those notes

were counterfeit currency notes. Fathima informed the police.

The petitioner is accused of the offence under Sections 489B

and 489C of the Indian Penal Code.

4. The offence alleged against the petitioner is very

serious in nature. This is not a fit case where anticipatory bail

can be granted. The relief under Section 438 of the Crl.P.C.

cannot be granted in a case of this nature. Investigation of the

BA No.3341/2009 2

case would be adversely affected, if anticipatory bail is granted

to the petitioner. The petitioner is not entitled to the

discretionary relief under Section 438 of the Code of Criminal

Procedure.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
csl