IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3341 of 2009()
1. NOUFEL,AGED 23 YEARS,S/O.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE S.I.G.,
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3341 of 2009
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Dated this the 19th day of November, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No.183/CR/S III/07 of CBCID, Kozhikode.
2. The offences alleged against the petitioner are under
Sections 489B and 489C of the Indian Penal Code.
3. The prosecution case is that one Fathima borrowed a
sum of Rs.3,500/- from the petitioner. The petitioner gave seven
500/- rupee notes to Fathima. Fathima went to a Co-operative
Bank for the purpose of paying the instalments towards the loan
account. At that time, the Bank officials stated that those notes
were counterfeit currency notes. Fathima informed the police.
The petitioner is accused of the offence under Sections 489B
and 489C of the Indian Penal Code.
4. The offence alleged against the petitioner is very
serious in nature. This is not a fit case where anticipatory bail
can be granted. The relief under Section 438 of the Crl.P.C.
cannot be granted in a case of this nature. Investigation of the
BA No.3341/2009 2
case would be adversely affected, if anticipatory bail is granted
to the petitioner. The petitioner is not entitled to the
discretionary relief under Section 438 of the Code of Criminal
Procedure.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl