High Court Kerala High Court

A.Jeam Khan vs State Of Kerala on 7 November, 2007

Kerala High Court
A.Jeam Khan vs State Of Kerala on 7 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6276 of 2007()


1. A.JEAM KHAN, S/O. ABDUL LATHEEF,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DY. S.P.,

                For Petitioner  :SRI.THOMAS ABRAHAM

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :07/11/2007

 O R D E R
                                R.BASANT, J
                        ------------------------------------
          B.A.Nos.6276, 6277, 6278, 6279, 6280, 6296,
                         6448 & 6811 of 2007
                        -------------------------------------
              Dated this the 7th day of November, 2007

                                    ORDER

Applications for regular bail. The common petitioner faces

allegations in 8 different crimes registered at various police stations in

Kerala, wherein the allegation is that fake currency notes of Rs.1,000/-

denomination were in circulation. The common feature in all these

crimes is that fake currency notes of the same number series were

involved in all the crimes. Investigation by the investigators led to the

detection of the role of the petitioner in such crimes. It is alleged that

the ones who were caught with the counterfeit currency notes had

ultimately obtained it through the petitioner. The investigation has

been taken over by the Crime Branch C.I.D Counterfeit Squad,

Trivandrum. Investigation is in progress now. The petitioner’s arrest

has been shown in all these crimes on various dates. He was actually

taken into custody on 16.08.07. He continues in custody from that

date though his arrest is recorded in different crimes on different

dates.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. The allegations raised against him in

B.A.Nos.6276, 6277, 6278, 6279, 6280, 6296,
6448 & 6811 of 2007 2

all these crimes are totally false and unsustainable. He further submits

that to vex and harass the petitioner, his arrest is not noted in all the

connected crimes immediately following his initial arrest on 16.08.07.

Unnecessarily there has been deliberate delay in the recording of

arrest in all these crimes after the initial arrest on 16.08.07. This is

with a mala fide intent to ensure that the petitioner is kept in custody

for as long as a period as possible.

3. The period of 3 months from the date of his arrest has not

elapsed so far and it is not necessary for me in these circumstances to

delve deeper into that contention.

4. The learned counsel for the petitioner then contends that

the petitioner is one Jeam Khan. He does not have the name Sabu.

The investigation by the police had revealed complicity only of one

Sabu. All persons who allegedly had interaction with the accused have

referred to him as Sabu. At present the explanation is that Sabu

referred to the witnesses/co-accused earlier is really the petitioner,

whose name is Jeam Khan.

5. The learned counsel for the petitioner, in these

circumstances, prays that the petitioner who has remained in custody

from 16.08.07 may now be enlarged on bail. He has absolutely no

complicity in any of these crimes, it is submitted.

B.A.Nos.6276, 6277, 6278, 6279, 6280, 6296,
6448 & 6811 of 2007 3

6. The learned Public Prosecutor opposes the application.

The learned Public Prosecutor first of all submits that the allegations

are very serious. The petitioner’s involvement in the distribution of

counterfeit currency notes in all these crimes at various points in

Kerala is indicated clearly by the materials collected. The confession of

the petitioner also reveals his complicity without any doubt.

Considering the nature and gravity of the allegations, the petitioner is

not entitled to be enlarged on bail at this early stage of investigation,

submits the learned Public Prosecutor .

7. The learned Public Prosecutor further submits that the

fact that the petitioner had not revealed his real name ie. Jeam Khan

to the other co-accused with whom he had interaction in the ploy to

distribute counterfeit currency notes cannot clinch the issue now. It

cannot even be reckoned as relevant now as the statements recorded

from the co-accused as well as the petitioner herein clearly reveal that

the petitioner had not chosen to reveal his real name to persons with

whom he had to interact in this despicable deal. The mere fact that

the accused had used another name in the transactions in connection

with the crime in question with his associates is certainly not a valid

reason for this Court to concede any benefit or advantage to the

petitioner.

B.A.Nos.6276, 6277, 6278, 6279, 6280, 6296,
6448 & 6811 of 2007 4

8. The learned counsel for the petitioner then contends that

the investigation has not been taken up with the seriousness which it

requires. There was an earlier application for regular bail –

B.A.No.6296 of 2007 and this Court had directed that the investigation

must be completed by 20.09.07. That was as per order dated

10.09.07. In spite of that, investigation has not been completed. The

petitioner may, in these circumstances, be enlarged on bail, submits

the learned counsel for the petitioner.

9. The learned Public Prosecutor submits that the

investigation is in progress. In a case like this, the Investigating

Officer may not be found fault with for not completing the

investigation immediately. In the very nature of the facts and

circumstances of this case, the investigator is entitled to and may be

granted reasonable further time to complete the investigation before

the question of release of the petitioner is considered, submits the

learned Public Prosecutor.

10. Having considered all the relevant inputs, I find merit in

the opposition by the learned Public Prosecutor . I am satisfied, in the

facts and circumstances of this case that the petitioner does not

deserve to be enlarged on bail at this early stage. In coming to this

conclusion, I have taken note of the nature, gravity and seriousness of

B.A.Nos.6276, 6277, 6278, 6279, 6280, 6296,
6448 & 6811 of 2007 5

the offence alleged. I have taken note of the magnitude of the

culpable operation as indicated from the materials present on record in

these 8 cases. I have also taken note of the quality and quantum of

materials available. I have also taken into reckoning the stage of the

investigation and the magnitude of the task before the Investigating

Officer.

11. These applications for regular bail are, in these

circumstances, dismissed. I may hasten to observe that I expect the

Investigating Officer to complete the investigation as expeditiously as

possible. I do further observe that the petitioner shall be at liberty to

move this Court for bail again at a later stage of the investigation not

at any prior to 21.11.2007. This observation will not of course fetter

the right of the petitioner to claim bail by default under the proviso to

Section 167(2) Cr.P.C if he be entitled for such bail earlier than that

date, in any case.

(R.BASANT, JUDGE)
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