High Court Kerala High Court

Chandrababu @ Babu vs State Of Kerala Represented By The on 10 July, 2009

Kerala High Court
Chandrababu @ Babu vs State Of Kerala Represented By The on 10 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3737 of 2009()


1. CHANDRABABU @ BABU,S/O.KARUNAKRAN PILLAI
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.M.RAJAGOPALAN NAIR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :10/07/2009

 O R D E R
                          K.T.SANKARAN, J.
                      -----------------------------
                         B.A.No.3737 of 2009
                     ------------------------------
                 Dated this the 10th day of July, 2009




                                ORDER

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is the third accused in Crime

No.161 of 2009 of Cantonment Police Station, Thiruvananthapuram.

2. The offences alleged against the petitioner are under

Sections 489B and 489C read with Section 34 of the Indian Penal

Code.

3. The prosecution case is that accused Nos.1 and 2 were

arrested from a bar hotel, when they paid counterfeit notes at the

hotel. They were interrogated. From their statements, the complicity

of the third accused was revealed. In the statement made by the third

accused, he stated that he received the counterfeit notes from a public

place and that he gave the notes to other accused. The petitioner was

arrested on 4.5.2009 and he is in judicial custody.

4. Learned public prosecutor submitted that the investigation

of the case is progressing and the investigation is taken over by

CBCID.

5. The petitioner had filed B.A.No.3309 of 2009 which was

BA No.3737/2009 2

dismissed by the order dated 26th June 2009. Learned counsel for the

petitioner submitted that the petitioner is hospitalised in the Medical

College Hospital, Thiruvananthapuram, and that a surgery is required.

It is also submitted that he is a retired military person and that he was

never involved in any offence what so ever.

6. 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

of the view that bail can be granted to the petitioner.

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-III,

Thiruvananthapuram, 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, till the final report
is filed or until further orders. If the petitioner is admitted in the
hospital, he shall inform the same to the investigating officer, in
which case he shall be exempted from appearance on the days in
which he remains an inpatient;

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;

BA No.3737/2009 3

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
csl