Kerala High Court
Unknown vs By Adv.Sri.C.R.Sivakumar on 17 March, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY, THE 24TH DAY OF APRIL 2018 / 4TH VAISAKHA, 1940
Bail Appl..No. 2593 of 2018
CMP 1830/2018 of J.M.F.C.,VATAKARA DATED 17-03-2018
CRIME NO. 80/2018 OF VATAKARA POLICE STATION , KOZHIKODE
PETITIONER/1ST ACCUSED
SALEEM
S/O.KUNHAMMED, AGED 38 YEARS,
BYTHUL MASHOORA, THAZHE ANGADI,
VATAKARA P.O., NEAR THABI LEAGUE MOSQUE,
KOZHIKODE (DIST).
BY ADV.SRI.C.R.SIVAKUMAR
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM FOR AND ON BEHALF OF THE SUB INSPECTOR OF
POLICE, VATAKARA POLICE STATION.
BY PUBLIC PROSECUTOR SMT. SHEEBA K.K.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-04-
2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.M.BABU, J.
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Bail Application No.2593 of 2018
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Dated : 24th April, 2018
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ORDER
1. Bail is sought. It is sought under Sec.439 of Cr.P.C. Petitioner is the 1st accused in crime No.80/2018 of Vatakara police station. He allegedly committed offences punishable under Secs 489A, 489C and 489D of IPC read with IPC
34.
2.The prosecution case is that the petitioner and his co-accused were caught red-handed while they were in possession of fake currency notes of the denominations of Rs 2000/- and Rs 500/-. It is alleged that the offence was detected and the petitioner was arrested on 23.1.2018.
3.Heard Sri.C.R.Sivakumar, the learned counsel for the petitioner and Smt.K.K.Sheeba, the learned public prosecutor.
BA.2593/182
4.The petitioner along with his co-accused is alleged to have possessed fake currency notes of the denominations of Rs 2000/- and Rs 500/-. It is said that the 3rd accused is absconding. The petitioner has been in custody since 23.1.2018. Despite the lapse of 90 days, it is submitted, charge-sheet is not filed. The petitioner is entitled to statutory bail, but I am granting bail under Sec.439 of Cr.P.C. I do not find it necessary that the petitioner who is in custody since 23.1.2018 should continue in custody. I therefore grant him bail.
5.The application is allowed. The petitioner shall be released on bail on his executing a bond for Rs 50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned. The petitioner shall co-operate with the investigation. He shall make himself available for interrogation if so required. He shall report to the investigating officer between BA.2593/18 3 10.00 am and 11.00 am on every Monday for a period of three months or till the filing of the final report, whichever is earlier. The petitioner shall not intimidate or attempt to influence witnesses. Nor shall he destroy or tamper with evidence. He shall not attempt to interfere with the investigation in any manner. He shall surrender his passport before the court concerned within a period of ten days from the date of his release from custody. If he does not hold a passport, he shall file an affidavit to that effect before the said court within the said ten days' period. The court concerned is hereby empowered to cancel the bail if any of the conditions mentioned above is violated. It is made clear that this order shall no way enure to the benefit of any accused in the same crime who is absconding.
Sd/-
A.M.BABU Judge Mrcs/24.4.