Kerala High Court
Kamaludeen K.M vs Superintendent Of Police on 6 July, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
Bail Appl..No. 4330 of 2012 ()
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(CRIME NO. 2/2011 OF NATIONAL INVESTIGATION AGENCY, HYDRABAD UNIT)
PETITIONER/ACCUSED:
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KAMALUDEEN K.M., AGED 41 YEARS
S/O.HASSAINER, KEERIYAMPARAMBIL HOUSE, PAVARATTY
CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV. SRI.M.SHYJU
RESPONDENT/CLAIMANT:
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SUPERINTENDENT OF POLICE
NATIONAL INVESTIGATION AGENCY
REPRESENTED BY PUBLIC PROSECUTOR (NATIONAL INVESTIGATION
AGENCY), HIGH COURT OF KERALA, ERNAKULAM.
BY SRI.M.AJAY, SPL. P.P FOR NIA
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
06-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SCL.
N.K.BALAKRISHNAN, J.
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B.A. No. 4330 OF 2012
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Dated this the 06th day of July, 2012
O R D E R
The petitioner apprehends that he would be arrayed as accused in Crime No. 2/2012 of National Investigation Agency, Hydrabad Unit. The offences alleged in the crime are under sections 489(A) and 489(C) r/w 120B and 34 of IPC. Apprehending arrest by the police officials of NIA Hyderabad, this petition has been filed by the petitioner, one Kamarudeen K.H. for anticipatory bail.
2. It is pointed out by the learned special prosecutor for NIA that on 16.08.2008, based on specific information, DRI officials, Kozhikode intercepted A1, a passenger who arrived on Rack Airways RT 0601T from Rasal-Khaima at Karipur International Airport, Kalicut. The DRI officials searched the baggage of A1 which contained Rs. 72.5 lakhs of Fake Indian Currency Notes (for short FICN) in bundles; each bundle consisting of 125 Rupee notes. A2 and A3 were B.A.No.4330/2012 -2- to receive the currency notes so brought by A1. Those accused persons were apprehended by the officials of the DRI.
3. It was alleged that A5 has facilitated the other accused for the commission of the offence and so he was also apprehended. A6 was another person, who also facilitated the commission of the offence. Another person by name Moosakutty, A7 was also involved in the commission of the offence. It was stated that currency notes were transported to Karipur by A8 and A9. It was later found on examination that the currency notes were counterfeit currency notes. Since the investigation with regard to the counterfeit currency notes has to be conducted by the Police, the crime was registered at kondotty Police Station as Crime No. 103/2009 under section 489A of IPC. Later the case was transferred to Crime Branch CID and accordingly the crime was re-registered as crime No. 22/CR/S3/2009. During investigation, sections 489(B) and 120(B) and B.A.No.4330/2012 -3- section 34 of IPC were also incorporated.
4. The information gathered during the course of investigation revealed the complicity of one Ibrahim Bhai, a Pakistan national. The central Government (Ministry of Home Affairs) directed the NIA to conduct further investigation in the matter and accordingly, the crime was re-registered by the NIA as RC 02/2012 and FIR was registered in that office and filed before the court on 28.01.2012.
5. So many other details were also referred to by Mr. Ajay, the learned Special Prosecutor for NIA as to the magnitude of the trafficking in counterfeit currency notes and how those currency notes are imported or brought into the Indian soil through airways or otherwise. It has its inception in Pakistan and is brought to India through Dubai. It is submitted by the learned Special Prosecutor that it has been revealed in the investigation that source of 35 lakhs of FICN delivered by Muhammed Raffi was one Tahir @ Chacha B.A.No.4330/2012 -4- who was later identified as Taher Mohamed Dada @ Taher Mohammed Merchant @ Taher Taklya. It was stated that soon after the incident A8 and Thahir Mohammed Merchant, mentioned above, were caught by Sharja Police in the year 2008 with 50 lakh FICN and they were in Dubai jail.
6. The 7th accused was also in Dubai jail in connection with the complaint lodged by the Bank officials of Dubai. It is stated that A7 also identified the photograph of Thahir Muhammed Merchant and as such he has been arrayed as A10 in this case. It is stated that A10 is in judicial custody in connection with Mumbai Bomb Blast case of 1993 (RC01 (S)/1993/CBI/STF/Mumbai).
7. In the statement given, A8 was alleged to have stated that prior to this incident in this case he had delivered 20 lakh FICN to one Thajuddin at Dubai in consultation with this petitioner. His address was given by A8 as (Kamaludeen K.H., Aged 41 years, S/o. Hassainer, Keeriyamparambil House, Pavaratty, Chavakkad Taluk, Trissur District). B.A.No.4330/2012 -5-
8. The learned Special Prosecutor for NIA would further submit that A10 (Mohammed Tahir Merchant) who is the active member of Davood Ibrahim Gang known as "D'company" was introduced to this petitioner by A8, Muhammed Rafi and it was pursuant to that conspiracy the arrangement was made for transport/import of Fake Indian Currency Notes (seized in this case) to be transported to India.
9. According to NIA, the FICN was brought from Pakistan with the help of a banned organisation 'ISI' and the income generated there from is used for terrorist and anti national activities in India. It is stated that the FICN were seized on 16.08.2008. The arrangements and actions for the purpose of bringing this FICN to India started long back. It was in pursuance of the criminal conspiracy, such huge quantity of FICN could be brought to India from Gulf.
10. Therefore, the contention raised on behalf of the petitioner that on 16.08.2008 and for about 3 months prior B.A.No.4330/2012 -6- to that date he was in jail and so he had absolutely no role in this transaction cannot be accepted. If the conspiracy was hatched several months prior to 16.08.2008 and if the petitioner is the one of the conspirator, he cannot plead ignorance stating that during the relevant time he was in jail.
11. It is vehemently argued by Sri. Ajay, learned Special Prosecutor for NIA that this anti national activities started long back and considering the magnitude and ramification it has, custodial interrogation of the petitioner is absolutely necessary. It is also mentioned that the petitioner did not turn up, in spite of the notice issued to him that he has to appear before the Investigating Officer. The learned counsel for the petitioner submits that the petitioner is ready to co-operate with the investigation. If so, the petitioner should be advised to appear before the Investigating Officer and co-operate with the investigation. B.A.No.4330/2012 -7-
I find no reason to grant anticipatory bail to the petitioner. It is hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
ds