Kerala High Court
Rema Devi vs The State Of Kerala on 26 July, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
Bail Appl..No. 4773 of 2018
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CRIME NO.266/2018 OF VANDANMEDU POLICE STATION, IDUKKI
PETITIONER(S)/4TH ACCUSED:
REMA DEVI, 56 YEARS,
W/O LATE SASI KUMAR, USHUS BHAVAN,
THIRUMULLAVARAM KARA, MANAYIL KULANGARA BHAGOM,
KOLLAM WEST VILLAGE,
KOLLAM DISTRICT.
BY ADV.SMT.MINI GANGADHARAN
RESPONDENT:
THE STATE OF KERALA
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, HIGH COURT BUILDING,
ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR MR. SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-07-2018 ALONG WITH
B.A.NO.4770 OF 2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN.V, J.
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B.A. Nos. 4773 & 4770 of 2018
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Dated this the 26th day of July, 2018
ORDER
These applications are filed under Section 438 of the Cr.P.C.
2. The applicants herein are the accused Nos. 4 to 6 in Crime No.266 of 2018 registered at the Vandanmedu Police Station, under Sections 489(B), (C) and (D), 120 B r/w Section 34 of the IPC.
3. On 1/7/2018 based on a tip off that certain persons were dealing with counterfeit notes, the accused Nos.1 to 3, who fit the description, were intercepted by the Station House Officer, Kattappana. The 1st accused was found having in his possession 996 counterfeit notes of b9200/- denomination and the accused Nos.2 and 3 were found possessing 50 fake notes each of b9200/- denomination. When they were interrogated, the 1 st accused is alleged to have disclosed that the fake notes were printed at Kollam. He further disclosed that he had come to Kattappana for handing over the fake notes to accused Nos. 2 and 3 in exchange B.As.4773 & 4700 of 2018 2 for genuine notes. They were arrested and the instant crime was registered.
4. When questioned in custody, the 1st accused is alleged to have confessed that the notes were printed in the house of the 4th accused at Kollam. He led the officers to the 1 st floor of the house owned by the 4th accused, the applicant in B.A.No. 4773 of 2018, at Kollam. The accused Nos.5 and 6 are the daughters of the 4th accused and they were residing with the 4 th accused. A search was conducted and instruments and materials for forging and for counterfeiting currency notes including high quality papers, partly printed b9500/- and b9200 fake notes, stamping machine, colour printer, computer, screen printing equipments, hard disk, iron box, lamination instrument, numerous fake notes etc. were seized from the said house. Immediately thereafter, the applicants herein were arrayed as accused Nos.4 to 6. In the course of investigation, the roles of accused Nos.7 to 12 were revealed and their names were also included in the array of accused. The applicants herein were arrested on 4.7.2018 and they have been in custody since then. B.As.4773 & 4700 of 2018 3
5. The learned counsel appearing for the applicants fervently submitted that the applicants have no role in the commission of the offence by accused Nos. 1 to 3. According to the learned counsel, the 4th accused has been residing in the said house on the strength of a lease deed. It is further urged that the accused Nos.5 and 6 were not in good terms with their mother and it was only recently that they had settled all their disputes. The daughter of the 6th accused is studying at Ernakulam and she has been residing with her.
6. The learned Public Prosecutor has very strenuously opposed the prayer. It is submitted that the applicants herein had clandestinely provided facilities to the 1 st accused to manufacture fake notes in their own house and they had provided financial support for the same. Not less than 265 sheets of partly printed b9500/- notes and 19 bundle of printing paper were seized from the house of the applicants at Kollam in addition to printers, computer and other paraphernalia. It is further submitted that investigation is being conducted to ascertain whether the accused have manufactured high quality counterfeit Indian currency and for that purpose, the seized B.As.4773 & 4700 of 2018 4 notes are to be tested and identified under the Investigation of High Quality Counterfeit Indian Currency Offences Rules, 2013. If the seized notes are found to be High Quality Counterfeit Indian Currency as defined under Section 15(a)(iiia) of the Unlawful Activities (Prevention) Act, 1967, then the provisions of the said Act will be attracted.
7. I have considered the submissions advanced by both sides. I have scrutinised the materials in the case diary as well. Though it is alleged that the accused Nos.5 and 6 are permanently residing at Ernakulam, and that they have no connection whatsoever with the 4 th accused, there are no materials to substantiate the said fact. The counterfeiting was being carried out in the first floor of their own house. The investigation is still in the early stages and I am not persuaded to grant bail to the applicants in view of the overwhelming materials against them. Counterfeiting of fakes notes and their circulation in the market is a great challenge to the economic security of the nation and such acts will have to be viewed with the seriousness that it deserves. The act of the applicants is likely to cause damage to the monetary stability of the country. B.As.4773 & 4700 of 2018 5 The report of examination by the authorised and notified forensic authority have not been received till date. The materials collected by the investigating officer clearly show that large scale counterfeiting was being done in a systematic manner and clandestinely by a group of persons for their own personal gain.
These applications will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN.V, Judge ps/21/7/2018 //true copy// P.S to Judge