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.
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B.A.No.3737 of 2009
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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