Kerala High Court
Jisha Mol vs Station House Officer on 9 June, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
BAIL APPL. NO. 3810 OF 2023
IN CRIME NO.200/2023 OF ALAPPUZHA SOUTH POLICE STATION,
ALAPPUZHA DISTRICT
PETITIONER/2ND ACCUSED:
JISHA MOL
AGED 39 YEARS
W/O.PRADEESH,
J.M.MANZIL, AVALOOKUNNU.P.O,
KOMALAPURAM VILLAGE,
ALAPPUZHA DISTRICT., PIN - 688521
BY ADV D.SAJEEV (KAMBISSARI)
RESPONDENTS/COMPLAINANT & STATE:
1 STATION HOUSE OFFICER
ALAPPUZHA SOUTH POLICE STATION,
ALAPPUZHA DISTRICT., PIN - 688001
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SREEJA V
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3810 of 2023
2
BECHU KURIAN THOMAS, J.
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B.A.No.3810 of 2023
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Dated this the 9thday of June, 2023
ORDER
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 2nd accused in Crime No.200/2023 of Alappuzha South Police Station, Alappuzha District, alleging offences punishable under Sections 489B and 489E r/w Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused 1 and 3 to 7 had, pursuant to a conspiracy, sold counterfeit currency notes of the denomination of Rs.500/- to the 2 nd accused, who purchased the same knowing those to be counterfeit currency and thereafter, the 2 nd accused purchased various goods using those counterfeit notes and thereby committed the offences alleged.
4. Sri. D.Sajeev, the learned counsel for the petitioner contended that, though the petitioner was arrested on 06.03.2023, till date the final report has not been filed. It was also submitted that, all the remaining accused, except the petitioner, have been released on bail and the allegations against the petitioner are totally false. It was also submitted that the petitioner is entitled to statutory bail, since B.A.No.3810 of 2023 3 more than 90 days have elapsed from the date of arrest and remand.
5. Smt. Sreeja.V, the learned Public Prosecutor, upon instructions submitted that petitioner was arrested on 06.03.2023 and was remanded on the same date. It was also submitted that, till date final report has not been filed.
6. In view of the lapse of 94 days from the date of arrest of the petitioner, since the final report has not yet been filed, petitioner is entitled to the benefit of statutory bail under Section 167 of Cr.P.C.
Accordingly, this application is allowed on the following conditions:-
a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court.
b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.
d) Petitioner shall not commit any similar offences while she is on bail.
e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for B.A.No.3810 of 2023 4 cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS JUDGE jka/09.06.2023.