Kerala High Court
Sreejish vs State Of Kerala on 3 February, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
Bail Appl..No.700 OF 2021
CRIME NO.2643/2020 OF Thiruvalla Police Station, Pathanamthitta
PETITIONER/S:
SREEJISH
AGED 25 YEARS
KOLKADAN HOUSE, KARAPPURAM, EDAKKARA,
NILAMBUR TALUK, MALAPPURAM DISTRICT.
679331
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
682031
R1 BY PUBLIC PROSECUTOR
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 700/2021
-2-
ORDER
Dated this the 3rd day of February 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant is the ninth accused in Crime No. 2643/2020 of Thiruvalla Police Station for having allegedly committed offences punishable u/s 489A, 489D r/w 34 IPC.
2. The prosecution case, in brief, is that the applicant along with nine other accused had in furtherance of common intention printed counterfeit currency notes of Rs.500/-, Rs.200/- and Rs.2,000/- denominations in a homestay building of the complainant between 28-08-2020 and 05-09-2020, and in consequence to that the crime was registered. Accused 1, 2, 3, 6 and 7 were arrested and the second accused had given a confession on the basis of which materials used for printing of the counterfeit currencies have been seized. All the other accused arrested, except the second accused, have been released on bail. The applicant states that he is only a taxi driver and one of the accused had hired his taxi at one point in time and that apart, he has absolutely no role in the alleged activities of the other accused. He has no criminal antecedents and has nothing to do with the counterfeiting of the currencies and hence, he seeks pre-arrest bail.
BA 700/2021 -3-3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
4. The learned Public Prosecutor vehemently opposes the application for bail stating that the applicant was very actively involved in the activities of the other accused. And he was also present in the building which was rented out by one of the accused for the purpose of counterfeiting of currencies. There are materials to indicate that the applicant was frequenting in that building and there is nothing to show that he was only a taxi driver and that he was attending to a call of one of the accused for whom he was transporting his taxi. Therefore, the applicant is not entitled to pre- arrest bail.
5. After having heard the submissions on both sides, I find that there are sufficient materials collected by the prosecution to prove the complicity of the applicant, prima facie. The applicant is, therefore, not entitled to the exceptional remedy of anticipatory bail in the crime of counterfeiting of currencies, which affects the entire economy of the Country. Therefore, the application is only to be dismissed.
In the result, the bail application is dismissed. The applicant is directed to surrender before the Investigating Officer within two BA 700/2021 -4- weeks. In the event of his being arrested, after interrogation and recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.
Sd/-
ASHOK MENON JUDGE jg