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Kerala High Court

Syam Sasi vs State Of Kerala on 11 January, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                    BAIL APPL. NO. 191 OF 2023
PETITIONER/S:

          SYAM SASI
          AGED 29 YEARS
          S/O. SASIDHARAN PILLAI, RESIDING AT KRISHNAVILASAM,
          FROM
          PANAKKATTU VEEDU, NEAR SREE GOSHALAKRISHNA SWAMI
          TEMPLE, MARANGATTUKONAM MURI,
          VALAKAM VILLAGE, KOTTARAKKARA TALUK,
          KOLLAM DISTRICT., PIN - 691532

          BY ADVS.
          K.B.UDAYAKUMAR
          C.M.KAMMAPPU



RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA,ERNAKULAM, PIN - 682031

          BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

          PP - M.C.ASHI



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No. 191 of 2023

                                              2



                               VIJU ABRAHAM, J
                            .....................................
                              B.A.No. 191 of 2023
                ................................................................
                Dated this the 11th day of January, 2023


                                         ORDER

This is an application for Regular Bail.

2. The petitioner herein is arrayed as the 5 th accused in Crime No.921/2022 of Nooranadu Police Station, Alappuzha District, alleging commission of offences punishable under Sections 489-A, 489-B and 489-C read with 34 of Indian Penal Code.

3. The prosecution allegation is that the accused persons in furtherance of their common intention used and possessed counterfeit currency notes knowing or having reason to believe the same to be counterfeit notes and intends to use the same as genuine.

4. I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he is in custody from 18.12.2022 onwords. B.A.No. 191 of 2023 3

6. The learned Public Prosecutor opposed the application for bail mainly contending that the alleged fake not is designed by the petitioner herein and he has an active role in commission of alleged crime. It is the submitted by the petitioner that the police have seized a laptop, 2 printers, a laminating machine, 10 counterfeit notes of Rs.2000/, 16 counterfeit notes of Rs.200/-, white papers, gum, gilt paper and paper cutting waste from the house of the 4th accused and nothing has been recovered from the house of the petitioner. It is also submitted that the petitioner has no other criminal antecedents.

7. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 18.12.2022, I am inclined to grant bail to the petitioner but only on stringent conditions. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the Investigating Officer in Crime No.921/2022 of Nooranadu Police Station, Alappuzha District, on B.A.No. 191 of 2023 4 every Saturday at 11 am, for a period of six months;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.921/2022 of Nooranadu Police Station, Alappuzha District;
(iv) The petitioner shall not involve in any other crime while on bail.
(v) The petitioner shall not leave the State without getting prior permission of the Jurisdictional Court.
(vi) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner do not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail If any of the aforesaid conditions are violated, the investigating officer in Crime No.921/2022 of Nooranadu Police Station, Alappuzha District, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM, JUDGE Dxy