High Court Kerala High Court

Jaleel vs State Of Kerala on 3 July, 2009

Kerala High Court
Jaleel vs State Of Kerala on 3 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3609 of 2009()


1. JALEEL, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.SHAIJAN C.GEORGE

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :03/07/2009

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                       B.A. NO. 3609 OF 2009
              ------------------------------------------------------
                    Dated this the 3rd July, 2009


                                O R D E R

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

Criminal Procedure. The petitioner is the accused in Crime No.190

of 2009 of Kasaragod Police Station.

2. The offences alleged against the petitioner are under

Sections 255, 260 and 420 of the Indian Penal Code.

3. The Assistant Superintendent of Post Office, Kasaragod

submitted a petition to the Sub Inspector of Police, Kasaragod

stating that out of the 73 articles presented by the Regional

Transport Officer, Kasaragod for booking as speed post articles on

16.3.2009, four articles were found to bear postage stamps of the

denomination of Rs.20/-, which were suspected to be fake. On the

basis of this petition, a crime was registered. On investigation, it

was revealed that the fake stamps were affixed on envelops

submitted to the RTO for the purpose of sending driving licence to

the addressees by post. For getting a driving licence, the applicant

B.A. NO. 3609 OF 2009

:: 2 ::

has to present a self addressed envelop with the required postage

stamps to the RTO. It is alleged that the petitioner, who is running a

driving school, has submitted these envelops on which fake postage

stamps were seen affixed. The petitioner could not be arrested as

he was absconding.

4. The petitioner filed an application for anticipatory bail before

this Court as B.A.No.1699 of 2009, which was disposed of as per the

order dated 3.4.2009. The petitioner was directed to surrender

before the investigating officer for the purpose of interrogation on

13.4.2009. A direction was issued to the investigating officer to

produce the petitioner on the same day before the Magistrate and

the learned Magistrate was also directed to consider and dispose of

the application for regular bail preferably on the same date. The

petitioner did not surrender as directed. Later, he filed B.A.No.2364

of 2009 under Section 438 of the Code of Criminal Procedure. That

application was dismissed by me on 28.5.2009. Thereafter, the

petitioner surrendered before Court on 8.6.2009 and he was

remanded to judicial custody.

5. Grave offences have been alleged against the petitioner.

B.A. NO. 3609 OF 2009

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Counterfeiting government stamps is a very serious offence. It is

punishable with imprisonment for life or with imprisonment by other

description for the term which may extend to ten years and with fine.

The investigating agency filed an application before the learned

Magistrate for getting custody of the petitioner for interrogation.

When the petitioner was produced before Court on 11.6.2009, he

stated before Court that he was not physically and mentally fit. The

learned Magistrate directed the petitioner to be subjected to

examination by the Superintendent of General Hospital, Kasaragod.

The Superintendent of the General Hospital issued a certificate

stating that the accused was physically and mentally fit. It is stated

that thereafter, the petitioner was interrogated by the investigating

officer.

6. According to the prosecution, one fake stamp was seized

on a search conducted in the house of the petitioner. The envelops

containing fake stamps were seen forwarded to the India Security

Press through messenger. The covers were received by the India

Security Press only on 25.6.2009. It would appear that the envelops

containing fake stamps were sent to the India Security Press only

during last week of June, 2009. The examination of the stamps

B.A. NO. 3609 OF 2009

:: 4 ::

could not be conducted by the India Security Press as they

demanded a sum of Rs.1,800/- as the examination fee. It is stated

that a charge of Rs.100/- is to be paid for examination of each

document. The Assistant Sub Inspector of Police and the police

constable who went from Kerala to the India Security Press have

come back. It is not clear whether the required amount was

deposited.

7. As stated earlier, the petitioner is running a driving school.

On 19.3.2009, search was conducted in the driving school. It is

stated that computer, scanner, printer etc. were seized from the

driving school. These articles were sent to the C-DAC for

examination and verification. Learned Public Prosecutor states that

the report from C-DAC is not received so far.

8. It is submitted by the learned counsel for the petitioner that

Section 255 was sought to be added only to see that the petitioner is

not granted bail. He also submitted that the court must take serious

note of such steps on the part of the investigating agency as the

freedom of the citizen is the most important aspect. I do not agree

with the learned counsel for the petitioner. If Section 255 was added

B.A. NO. 3609 OF 2009

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originally, anybody could say that the investigating agency was

wrong. Even if a person produces an article on which a fake or

counterfeit stamp is affixed, it cannot be assumed that he has done

the counterfeiting. That is why, probably, Section 260 was shown as

the Section under which the offence was committed. Later, the

investigating agency came to the conclusion that the petitioner

himself is the person who has counterfeited the stamps and

accordingly, Section 255 was added.

9. The petitioner is in judicial custody since 8.6.2009. In the

nature of the allegations levelled against him and in view of the

nature and character of the offence, I do not think that it is safe to

release the petitioner on bail at this stage. If the petitioner is

released on bail at this stage, there is every likelihood of the

evidence being tampered or the witnesses being intimidated or

influenced by him. From the sequence of events, it can be seen that

the petitioner was not co-operating with the investigating agency and

he has not even complied with the direction issued by this Court.

The learned Public Prosecutor submitted that the petitioner was

involved in CR.No.130 of 2005 of Badiadka Police Station where the

allegation was that the petitioner forged a driving licence. He is

B.A. NO. 3609 OF 2009

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involved in other offences as well. If bail is granted to the petitioner

at this point of time, there is also a likelihood of the petitioner making

himself scarce.

10. In the facts and circumstances mentioned in paragraph 6

above, the investigating agency shall take prompt steps to expedite

the further investigation of the case.

For the aforesaid reasons, the Bail Application is dismissed.

(K.T.SANKARAN)
Judge
ahz/