Kerala High Court
Vishnu vs State Of Kerala on 8 November, 2013
Author: Thomas P. Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY,THE 8TH DAY OF NOVEMBER 2013/17TH KARTHIKA, 1935
Bail Appl..No. 7332 of 2013 ()
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CRIME NO. 1081/2013 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER/2ND ACCUSED (IN CUSTODY) :
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VISHNU, AGED 22 YEARS
S/O.APPU, RESIDING AT PURAYADIVILAKATHU VEEDU
ANAD VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SMT.MAJIDA.S
SRI.AJIKHAN.M
RESPONDENTS/STATE & COMPLAINANT :
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-695011.
2. SUB INSPECTOR OF POLICE
KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM.
R1 & R2 BY PUBLIC PROSECUTOR SRI. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-11-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
THOMAS P. JOSEPH, J.
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Bail Appl. No.7332 of 2013
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Dated this the 8th day of November 2013
O R D E R
Petitioner is the 2nd accused, in Crime No.362/CR/OCW1, Thiruvananthapuram (arising from Crime No.1081 of 2013 of the Kilimanoor Police station) for the offence punishable under Sec.489 B and C read with Sec.34 of the Indian Penal Code, is in custody from 13.10.2013 and seeks bail.
2. Learned Public Prosecutor submits that the case is now being investigated by the CBCID and that it is in the preliminary stages. According to the learned Public Prosecutor, the 1st accused gave counterfeit currency notes to the 2nd accused who gave some of them to accused Nos. 3 and 4. Accused Nos.3 and 4 are said to have given some of those counterfeit currency notes in the Petrol Pump at Prappala. It is further submitted that a search was conducted in the house of the 5th accused wherefrom 10 counterfeit currency notes and a printer machine were seized. Questioning of the 5th accused revealed that the printing machine was given by the 6th Bail Appl. No.7332 of 2013 2 accused. It is submitted that the role of the petitioner is being further investigated.
3. Learned counsel has submitted that as per the version of the Kilimanoor Police, it is the 1st accused who gave the 500 rupee counterfeit note at the Petrol Pump and the petitioner was only riding on the pillion of the motor cycle. Learned counsel also referred to the remand report submitted by the Kilimanoor Police.
4. True that the petitioner is in custody from 13.10.2013 but, the CBCID has only recently taken up investigation of the case. I must also notice that though from the house of the 5th accused, counterfeit currency notes and printer machine were seized. What exactly is the role of the petitioner in the incident is to be revealed. In the circumstances, I am inclined to think that the request for bail cannot be allowed at this stage.
Resultantly, the application is dismissed leaving it open to the petitioner to apply for bail after the investigation has progressed.
Sd/-
THOMAS P. JOSEPH JUDGE NS