Kerala High Court
Abdul Rasik vs State Of Kerala on 1 December, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 1ST DAY OF DECEMBER 2017/10TH AGRAHAYANA, 1939
Bail Appl..No. 8243 of 2017 ()
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CRIME NO. 448/2017 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT
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PETITIONER/ACCUSED NO.6:
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ABDUL RASIK,
AGED 37 YEARS, S/O. SIDDIQUE,
ARUVAYAL KUNIYIL HOUSE, PERUVATTUR POST,
QUILANDY, KOZHIKODE DISTRICT.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENT/COMPLAINANT :
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STATE OF KERALA,
THROUGH SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01-12-2017,ALONG WITH BA.NO.8250 OF 2017, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V, J.
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B.A.Nos.8243 & 8250 of 2017
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Dated this the 1st day of December, 2017
ORDER
1.These applications are filed under section 439 of the Code of Criminal Procedure.
2.The petitioner in B.A.No. 8250 of 17 is the 4th accused and the petitioner in B.A.No.8243 of 2017 is the 6th accused in Crime No.448 of 2017 of Manjeri Police Station registered initially under Section 489 B and 489 C of the IPC. Later Section 489 A and D were added.
3.According to the prosecution on 20.9.2017 at 12.45 pm, a car bearing register No.KL-11/AP/7769 was intercepted by the Sub Inspector of Police, Manjeri. 5 persons were found travelling in the said Car. Detailed search of the vehicle resulted in the seizure of fake currency worth Rs.5,90,000/- of Rs.2,000/- denomination. Though the accused managed to flee, A1 to A3 were later arrested. They were found having in their possession a large cache of fake currency notes. According to the prosecution A4 was the driver of the vehicle and A5 was the person who had approached the accused to B.A.No. 8243 & 8250 of 2017 2 purchase the fake notes. Accused No.6 is said to be the lynchpin. The 6th accused was arrested on 27.9.2017 at 12.15 p.m and he was also found having in his possession currency note of Rs.2000/- denomination. On the same day itself, based on the disclosure made by the 6th accused, premises taken on rent by him to facilitate the illegal act was searched. Equipments used for counterfeiting the fake notes including printer, scanner etc. were seized.
4.Learned counsel appearing for the petitioner submits that insofar as the 4th petitioner is considered the only allegation is that he is the driver. It is submitted that he was arrested on 25.09.2017 and has been in custody since then. Insofar as the 6th accused is concerned, the learned counsel referring to the remand report which is dated 28.09.2017, submits that the only allegation of the prosecution is that he was in his possession of one counterfeit currency note of Rs.2000/- denomination. According to the learned counsel, it defies logic that after the arrest of accused Nos.1 to 3, the petitioner would retain in his possession fake currency notes.
5.The submissions of the learned counsel is countered by the learned Public Prosecutor who referring to the case diary B.A.No. 8243 & 8250 of 2017 3 submitted that the investigation is in the initial stages . It is submitted that a detailed investigation is being carried out to unearth the entire web of counterfeiters.
6.Having regard to the nature and gravity of the allegations, the materials in support thereof, the severity of the punishment which conviction would entail, the character and antecedents of the petitioners, the possibility of the petitioner fleeing from justice, the stage of investigation and other facts and circumstances, I am not inclined to grant bail to the petitioners at this stage.
In the result these applications are dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE //True Copy\\ P.A to Judge IAP