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IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 962 of 2010() 1. DURGESH KUMAR, AGED 21 YEARS, ... Petitioner Vs 1. STATE OF KERALA, ... Respondent For Petitioner :SRI.J.ABHILASH For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice K.T.SANKARAN Dated :25/02/2010 O R D E R K.T.SANKARAN, J. --------------------------------------------- B.A.No.962 of 2010 --------------------------------------------- Dated this the 25th day of February, 2010 O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.2713 of 2009 of Perumbavoor Police Station.
2. The offences alleged against the petitioner are under
Sections 489B and 489C of the Indian Penal Code.
3. The date of occurrence was on 31.12.2009. The
petitioner went to State Bank of India, Perumbavoor branch to
deposit Rs.8,000/-. The Bank officials found that four currency
notes of the denomination of Rs.500/- given by the petitioner
were fake currency notes. On information given to the police,
the petitioner was arrested. The petitioner is in judicial custody
4. The learned Public Prosecutor opposed the Bail
application. It is submitted that the petitioner belongs to Bihar
and he has no permanent known about in Kerala. The
investigation is now being conducted by CBCID. If the petitioner
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is released on bail at this stage, he would abscond, submits the
learned Public Prosecutor.
5. 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, the present stage of
investigation and the fact that the petitioner is in judicial custody
since 31.12.2009, I am of the view that, to ensure the presence
of the petitioner before court during trial, some stringent
conditions are necessary while granting bail.
The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties, of whom one shall
be a person belonging to State of Kerala and who own
immovable properties in the State of Kerala, for the like amount
to the satisfaction of the Judicial Magistrate of the First Class,
Perumbavoor, 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 and
Thursdays, till the final report is filed or until further
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
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witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The sureties shall produce the title deeds in respect of their
properties for perusal by the court to ensure the court that they
hold immovable properties in the State of Kerala.
The Bail Application is allowed as above.