Kerala High Court
Muhammed Shereef U.A vs State Of Kerala on 26 March, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 26TH DAY OF MARCH 2014/5TH CHAITHRA, 1936
Bail Appl..No. 2099 of 2014 ()
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CRIME NO. 265/2014 OF KASARAGOD POLICE STATION, KASARAGOD DISTRICT
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PETITIONER/ACCUSED :
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MUHAMMED SHEREEF U.A.,
S/O.ABDUL RAHIMAN, AGED 30 YEARS
BANKOD HOUSE, BADIRADUKKA
KUDALU VILLAGE, KASARAGOD.
BY ADV. SRI.V.TEKCHAND
RESPONDENT/COMPLAINANT/STATE :
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, KOCHI-31.
2. STATION HOUSE OFFICER
KASARAGOD POLICE STATION,
KASARAGOD DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
THOMAS P. JOSEPH, J
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B.A.No.2099 of 2014
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Dated this the 26th day of March, 2014
ORDER
Petitioner is accused in Crime No.265 of 2014 of the Kasaragod Police Station for the offence punishable under Section 489 B of the Indian Penal Code on the allegation that on 07.03.2014 at about 02.30 p.m. the petitioner was found in possession of a counterfeit currency note of 500/- rupees denomination, is in custody from 07.03.2014 and seeks bail
2. Application is opposed by the learned Public Prosecutor. It submitted that Rs.11 lakhs was seized from the possession of the petitioner and that contained a 500/- rupees counterfeit currency note.
3. According to the learned counsel, the offence at any rate is only under Section 489 C of the Indian Penal Code which is bailable.
4. On hearing both sides, it is revealed that the petitioner is not reported to be involved in any other case from the Kasaragod Police Station. I am also satisfied that further detention of the petitioner is not required for investigation. Hence I am inclined to grant bail to the petitioner but subject to B.A.No.2099 of 2014 2 conditions so that investigation of the case is not affected and recurrence of such incidents in future is prevented.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.265 of 2014 of the Kasaragod Police Station and shall be released, (if not required to be detained otherwise) on his executing bond for Rs.35,000/- (Rupees thirty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Whether or not he/she has landed property, one of the sureties shall be the mother/father/brother/close relative of the petitioner.
(b) Petitioner shall surrender his passport before the learned magistrate while executing the bond and in case he has none, file affidavit to that effect.
(c) Petitioner shall not go beyond Kasaragod District until otherwise ordered and except with the permission of the learned Magistrate (until committal of the case if any and thereafter, of the learned Principal Sessions Judge concerned).
(d) Petitioner shall report to the officer investigating the B.A.No.2099 of 2014 3 case on every Saturday between 10.00 a.m and 12.00 p.m until filing of the final report.
(e) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioner shall not get involved in any offence during the period of this bail.
(g) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos. (c) to (g) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate/Principal Sessions Judge as aforesaid as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
(iii) In case the petitioner needs the passport if surrendered to be returned, he can move application before the learned magistrate/Principal Sessions Judge as aforesaid for the purpose. If any such application is preferred, learned magistrate/Principal Sessions Judge shall, having regard to all relevant circumstances including the stage of investigation/trial, time required for completion of B.A.No.2099 of 2014 4 investigation/trial, necessity for presence of the petitioner time for which the petitioner wants to go abroad and pass appropriate orders after hearing both sides if necessary, requiring additional security and imposing additional conditions. In case such permission is granted, learned magistrate/Principal Sessions Judge is also authorised to modify the conditions regarding appearance before the investigating officer etc to facilitate such travel.
THOMAS P. JOSEPH, JUDGE.
AS