IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5415 of 2009()
1. REJI,S/O.RAJAPPAN, AGED 34,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DETECTIVE INSPECTOR,
For Petitioner :SRI.MATHEW SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5415 OF 2009
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Dated this the 23rd day of September, 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 first accused in Crime
No.198 of 2009 of Changanassery Police Station, which is now
numbered as CBCID Crime No.73/CR/S11/09SIG 11 EKM.
2. The offences alleged against the petitioner are under
Sections 489B, 489C and 120B read with Section 34 of the Indian
Penal Code.
3. On 31.3.2009, the police got telephonic information that
counterfeit currency notes are kept in the Autorickshaw driven by
Ajeesh. The police intercepted the vehicle and found four counterfeit
hundred rupee notes in the tool kit of the Autorickshaw driven by
Ajeesh. He was arrested and later he was released on bail on the
same day. The crime was registered under Section 489(C) of the
Indian Penal Code, which is a bailable offence.
B.A. NO. 5415 OF 2009
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4. Later, investigation of the case was transferred to CBCID.
It would appear that Ajeesh was later exonerated from the case on
the ground that he is not the person involved in the offence. The
investigation revealed that accused No.1, who had money
transactions with the mother of Ajeesh, was not on cordial terms with
Ajeesh and therefore, the first accused made a telephone call to the
police stating that counterfeit currency notes were available in the
Autorickshaw driven by Ajeesh. The investigation also revealed that
on instruction given by the first accused, accused Nos.2 and 3 had
put the counterfeit currency notes in the Autorickshaw.
5. The petitioner was arrested on 31.7.2009 and he is in
judicial custody.
6. B.A.No.5179 of 2009 filed by the third accused was allowed
by this Court as per the order dated 15.9.2009.
7. 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
B.A. NO. 5415 OF 2009
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of the view that bail can be granted to the petitioner.
8. 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,
Changanassery, 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
orders;
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;
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
ahz/