Shiju vs State Of Kerala on 28 January, 2010

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Kerala High Court

Shiju vs State Of Kerala on 28 January, 2010

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 376 of 2010()


1. SHIJU, S/O. KURIAKOSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.V.RAMABHADRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :28/01/2010

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 376 OF 2010
            ------------------------------------------------------
            Dated this the 28th day of January, 2010

                               O R D E R

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.819 of 2008 of Vadakkekara Police Station.

2. The offences alleged against the petitioner are under Sections 489A, 489B, 489C and 489D read with Section 34 of the Indian Penal Code.

3. The prosecution case is that on 9.12.2008, while accused Nos.1 and 2 were travelling on a motor bike, they were intercepted by the police. On search of the body of accused No.1, 130 counterfeit currency notes of the denomination of Rs.500/- and 35 counterfeit currency notes of the denomination of Rs.1,000/- were seized. The investigation revealed that the third accused supplied the counterfeit currency notes to accused Nos.1 and 2. A search was conducted in the house of accused No.3. Consequent on the search, 140 counterfeit currency notes of the denomination of B.A. NO. 376 OF 2010 :: 2 ::

Rs.1,000/- were seized. A computer, scanner and other articles of implements for counterfeiting currency were also seized. The prosecution case is that the fourth accused was helping the third accused in the matter of counterfeiting and that the fourth accused was also involved in the offence.

4. The petitioner was arrested on 15.12.2009 and he was remanded to judicial custody.

5. In the facts and circumstances of the case, I would not have granted bail to the petitioner. However, it is pointed out that accused No.3 was granted bail by the order dated 5.5.2009 in B.A.No.2176 of 2009. It is also pointed out that accused Nos.1 and 2 were also released on bail. When all the other three accused in the case were released on bail, it is not proper to deny bail to the petitioner. For the aforesaid reasons, I am of the view that bail can be granted to the petitioner.

6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to B.A. NO. 376 OF 2010 :: 3 ::

the satisfaction of the Judicial Magistrate of the First Class, Paravur, subject to the following conditions:

a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders;

b) The petitioner shall appear before the investigating officer for interrogation as and when required;

c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN) Judge ahz/

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