IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6718 of 2008()
1. KRISHNAN.P., S/O.KUNHAMBU, KANDATHIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :29/10/2008
O R D E R
K.HEMA, J.
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B.A.No.6718 of 2008
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Dated this the 29th October, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 489(B) and (C)
of the Indian Penal Code. According to prosecution, petitioner
went to deposit Rs.25 lakhs in a bank and out of this,
Rs.17,500/- (35 currency notes of 500 denomination) was
found to be counterfeit notes. Hence, petitioner was arrested
on the same day on 14.10.2008 and he is in custody since then.
3. Learned counsel for petitioner submitted that
petitioner’s wife sold a property worth Rs.25 lakhs on
14.10.2008 and she received the sale consideration and
petitioner had taken the amount to the bank for depositing the
same. From the said amount, 35 currency notes were found to
be fake notes. Petitioner is innocent of the allegations made.
The bank is only 50 meters away from the Registrar’s office
and it is highly unlikely that petitioner will insert 35 fake
currency notes taking away 35 notes from the sale
consideration received. There was a property dispute and it
was settled in a Lok Adalat and it was pursuant to such
BA.6718/08 2
settlement that the property was sold by the petitioner’s wife.
Petitioner is working abroad for 18 years and he has come to
India only for the purpose of effecting the sale, it is submitted.
Learned counsel for petitioner also submitted that the
petitioner is prepared to co-operate with the investigation and
he will report before the investigating officer as and when
directed.
4. Learned Public Prosecutor submitted that he has no
objection in granting bail on conditions.
Hence, petitioner is granted bail on the following terms
and conditions:
i) Petitioner shall execute a bond for Rs.25,000/-
with two solvent sureties each for the like
sum to the satisfaction of the Magistrate
Court concerned.
ii) Petitioner will report before the investigating
officer within 7 days of his release and co-
operate with the investigation.
Iii) Petitioner shall not tamper with evidence or
influence or intimidate any witness or
commit any offence while on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.