Kerala High Court
Nidhish Kalamkar vs State Of Kerala on 7 July, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
Bail Appl..No.4109 OF 2020
CRIME NO.10/2020 OF PERUMPADAPPU POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED:
NIDHISH KALAMKAR,
AGED 57 YEARS,
SHIVAJINAGAR, B 202 KANCHAN GEET APARTMENT,
SHIVAJINAGAR,
SHANKARNAGAR,
BAGPUR,
MAHARASHTRA, PIN-440 010.
BY ADV. SRI.SERGI JOSEPH THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN -682031.
2 SHO,
PERUMPADAPPU POLICE STATION,
MALAPPURAM
PIN - 679 580.
OTHER PRESENT:
SRI.AMJAD ALI - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4109 OF 2020
2
ORDER
Dated this the 07th day of July, 2020 The petitioner is the 1st accused in Crime No.10 of 2020 of Perumpadappu Police Station, Malappuram, for having allegedly committed offences punishable under Sections 489A, 489B, 489C, 489D, 489E, 419 and 468 of the IPC. The prosecution case in brief is thus:
2. On 15.01.2020, at about 2.40 PM, the petitioner and his wife, who is the co-accused, were intercepted by the Police, while they were travelling in a car bearing Registration No. MH 04-DB-7783, and on inspection of the car, they were found carrying 45 fake notes of Rs.2000/- denomination, 52 fake notes of Rs.500/- denomination, altogether having a value of Rs.1,16,000/-(Rupees One lakh sixteen thousand only). They were also found to be in possession of printers and on further inspection, it was found that the 1st accused was carrying a fake Aadhar Card in his name with a fictitious address. The petitioner B.A.No.4109 OF 2020 3 and his wife belong to Pune. They had filed Crl.M.C.No.127 of 2020, before the Additional Sessions Court-II, Manjeri, and the same was dismissed as against the petitioner, and allowed, as regards to his wife and she was released on bail. The petitioner states that he is innocent and that someone else had borrowed money from him and he had come to collect that amount of Rs.3,00,000/- due to him. He was entrusted some money in cash by the said person and while he was returning to Pune, with his wife in the car, he was intercepted and currencies were seized. He did not have any fake currency in his possession, according to him.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioner is involved in yet another crime of similar nature which is registered at Samarth Police Station, Pune as Crime No.222 of 2019. Under the circumstances, I find that the petitioner has criminal antecedents of similar nature. He is also holding a fictitious and fake Aadhar card, indicating that he B.A.No.4109 OF 2020 4 is capable of absconding. The learned counsel appearing for the petitioner expresses anxiety over the delayed trial, because of the present pandemic situation. It is submitted that the final report has already been filed and committal proceedings is on way. In case, there is unreasonable delay in the trial being taken up, the petitioner can apply for bail, before the jurisdictional court at the appropriate time.
With these observations, the bail application is dismissed.
Sd/-
ASHOK MENON JUDGE NR/07/07/20