Durgesh Kumar vs State Of Kerala on 25 February, 2010

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Kerala High Court
Durgesh Kumar vs State Of Kerala on 25 February, 2010




Bail Appl..No. 962 of 2010()

                      ...  Petitioner


                       ...       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

since 31.12.2009.

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

BA No.962/2010 2

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

BA No.962/2010 3

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.


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