Kerala High Court
Shibu T.S vs State Of Kerala on 8 December, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942
Bail Appl..No.7889 OF 2020
CRIME NO.2643/2020 OF Thiruvalla Police Station, Pathanamthitta
PETITIONER/S:
SHIBU T.S
AGED 44 YEARS
THATTAPPARAMBIL HOUSE, PAYYATTUCHAALU
NEDIYENGA VILLAGE, ERUVASSERY,
KANNUR DISTRICT
670632
BY ADVS.
SHRI.MANEESH T.T.
SRI.JOHN MATHEW (THEREZHATH)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
682031
2 STATION HOUSE OFFICER,
THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT.
689101
R1 BY PUBLIC PROSECUTOR
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7889 OF 2020
2
ORDER
Dated this the 8th day of December 2020 Application for regular bail under Section 439 Cr.P.C.
The applicant is the first accused in Crime No.2643/2020 of Thiruvalla Police Station, Pathanamthitta, for having allegedly committed offences punishable under Sections 489A, 489D r/w Section 34 of the IPC. Subsequently offence under Section 420 IPC has also been incorporated.
2. The prosecution case, in brief, is that the applicants and some other persons allegedly stayed in a Home Stay called Zarethan Home Stay at Thiruvalla between 28.08.2020 and 05.09.2020. They had allegedly gathered there for the purpose of attending a marriage function of the close relative in accordance with the Covid protocol. After they vacated the rooms, it was lying under lock and key and no one else had occupied it. While cleaning the rooms, the owner of the Home Bail Appl..No.7889 OF 2020 3 Stay noticed certain bits of paper which allegedly look like counterfeit currency notes of Rs.2000 and 500. He immediately informed the police, the crime was registered and thereafter, seven accused including the applicant were arrested on different days. The applicant was arrested on 25.09.2020 and continues to remain in custody. During their investigation, printers and some other materials were collected, cash was also seized from some of the accused. The cash allegedly pertained to receipts of amounts in exchange of counterfeit currencies. Statements have been given by some of the witnesses who explained the manner in which they were cheated by the accused persons in exchange of money. They were made to believe that it is a counterfeit currency and actual currencies stained with iodine and ginger was shown to them and it contains a dark color. They were made to believe that it was counterfeit currencies. But on exchange, it was accepted by the bank as genuine currencies and that gain the confidence of several persons and accordingly they were given counterfeit currencies in exchange of money. The Bail Appl..No.7889 OF 2020 4 accused allegedly used to give three types more counterfeit currencies in exchange for genuine money. That is how they allegedly performed in conducting their business of counterfeit currencies. The accused never stayed in one place and kept on shifting their residences to various places. So that they may not be caught.
3. The investigation is still progressing and it is stated that it is very difficult to get concrete evidence against the accused. In case they are released on bail, there is every possibility of tampering with evidence and hindrance being caused to the investigation. The 3rd accused was granted bail because she was a lady and the only allegation against her that she was in possession of 3.5 lakhs in cash with her. It was considered to be proceeding with money which they had received on distribution of counterfeit currencies. Being a lady, she was granted bail. The applicant states that they are also entitled to bail and the delay in reporting the alleged incident by the owner of the Home Stay is taken as an exception which would affect the prosecution Bail Appl..No.7889 OF 2020 5 story.
4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. Offences under Sections 489 A & D are against the nation and definitely it affects the economy of this country. It is true that the prosecution would have to toil hard to collect evidence against the perpetrators of the crime. Direct evidence may not always be available. The applicant was arrested on 25.09.2020 and still the investigation is not completed. The fact that the 3rd accused granted bail is not a reason to release the applicant on bail. It is also pointed out that the applicant has some antecedents. The details of the antecedents are not yet available. However, the detention of the applicant for some more time may be required since the investigation is not yet completed. The prosecution needs to get more time in such offences of very grave nature and therefore this is not the stage when the applicant can be granted bail.
Bail Appl..No.7889 OF 2020 6 The application for bail is therefore dismissed.
Sd/-
ASHOK MENON JUDGE SPK