Kerala High Court
Syed Sulthan vs State Of Kerala on 25 August, 2021
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
BAIL APPL. NO. 5980 OF 2021
CRIME NO.160/2021 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CRMC 1526/2021 OF DISTRICT AND
SESSIONS COURT, ERNAKULAM
PETITIONERS/APPLICANTS/ACCUSED NO.5 & 6 (IN CUSTODY):
1 SYED SULTHAN
AGED 32 YEARS
S/O. ASKAR ALI, 15/9, 3RD VEEDHI, CHELLAPPAPURAM,
TIRUPPUR, TAMILNADU - 641504.
2 ASHARAF ALI
AGED 32 YEARS
S/O. ABDUL KHADER, 32 HAJI MUHAMMED STREET, KOTTAI,
COIMBATORE SOUTH, COIMBATORE, TAMILNADU - 641001.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
M.V.VIPINDAS
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2 STATION HOUSE OFFICER
UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, ERNAKULAM
DISTRICT - 682307.
SRI.NOUSHAD K.A.-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5980 OF 2021
2
ORDER
Application for regular bail.
Petitioners are accused Nos.5 and 6 in Crime No.160/2021 of Udayamperoor Police Station registered for the offences punishable under Sections 489A, 489B, 489C, 489D, 489E(1) and Section 201 r/w Section 34 of the Indian Penal Code.
2. The petitioners are in custody since 21.04.2021.
3. The prosecution allegation is that accused Nos.1 and 2 after procuring materials to counterfeit currency notes, have printed fake currency notes of the denomination of Rs.2,000/- and entrusted the same to these petitioners to use as genuine for unlawful gain and these petitioners have kept the fake currency notes along with the actual currency notes and circulated and used it as genuine and they were arrested by the police on getting a tip off from some reliable source. Thereby these petitioners have committed the aforesaid offences.
4. The learned counsel appearing for the petitioners would submit that, though they were taken in custody on 21.04.2021, the BAIL APPL. NO. 5980 OF 2021 3 investigating agency has not completed the investigation and filed the final report till date. Hence, they are entitled for default bail.
5. The learned Public Prosecutor has also submitted that the final report has not been submitted against these petitioners till date.
6. So no doubt, though the offences alleged against them are grave and serious in nature as it reduces the value of real money and artificial inflation affecting the economy of the country, the petitioners are entitled for default bail as they are undergoing incarceration since 21.04.2021. This Court has no power to intervene with the indefeasible right of the petitioners. Hence, the request to release on bail is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on their executing bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before Investigating Officer twice in a month (i.e. on 1 st and 15th) between 10.00 a.m. and 11.00 a.m. till filing of the final report.
BAIL APPL. NO. 5980 OF 2021 4
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE mpm