Kerala High Court
Vishnu vs State Of Kerala on 28 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
THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935
Bail Appl..No. 7849 of 2013
-------------------------------
CRIME NO.362/CR/OCW1, THIRUVANANTHAPURAM (ARISING FROM
CRIME NO. 1081/2013 OF KILIMANOOR POLICE STATION ,
THIRUVANANTHAPURAM
.....
PETITIONER/2ND ACCUSED (IN CUSTODY):
-----------------------------------------------------------------
VISHNU,AGED 22 YEARS,
S/O.APPU, RESIDING AT PURAYADIVILAKATHU VEEDU,
ANAD VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SMT.MAJIDA.S.
SRI.REJI.A.RASHEED
SRI.AJIKHAN.M
RESPONDENTS/STATE & COMPLAINANT:
-------------------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 695 011.
2. THE SUB INSPECTOR OF POLICE,
CBCID, THIRUVANANTHAPURAM.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-11-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. No.7849 of 2013
--------------------------------------------
Dated this the 28th 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 Secs.489B 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, while opposing the application has submitted that the 1st accused gave a few counterfeit currency notes to the petitioner who, in turn handed over the same to accused nos.3 and 4 with specific instruction as to how the counterfeit notes are to be dealt with and accused nos.3 and 4 gave some of those counterfeit currency notes in a petrol pump on 12.10.2013. The house of the 5th accused was searched and a few counterfeit currency notes and a printing machine were seized. Investigation revealed that the printing machine was provided by the 6th accused. Bail Appl. No.7849 of 2013 2 Involvement of certain other persons is also revealed and investigation of the case is not completed.
3. Learned counsel has submitted that the petitioner is not involved in the alleged incident and that if at all the petitioner had handed over the counterfeit currency notes to accused nos.3 and 4, it need not be with the knowledge that it is counterfeit. It is also submitted that the petitioner has passed the ITI course in second class and intends to apply for Auto Cad course at the Government Polytechnic, Vattiyurkavu. The last date for submitting the application is 30th of this month. It is submitted that the petitioner is a bright student coming from the poor strata of the society and that unless he gets admission for the above said course in the Government college, it may not be possible for him to bear the fee structure provided in similar private institutions.
4. Having regard to the particular situation in which the petitioner is placed and other relevant circumstances, I am inclined to grant bail to the petitioner but subject to stringent conditions so that recurrence of such incidents in future is prevented and Bail Appl. No.7849 of 2013 3 the investigation is not affected.
Resultantly, the application is allowed as under.
Petitioner/2nd accused is granted
bail in Crime No.362/CR/OCW1,
Thiruvananthapuram and shall be released ( if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions.
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.362/CR/OCW1, Thiruvananthapuram on every Monday and Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier
(c) Petitioner shall report to the Bail Appl. No.7849 of 2013 4 investigating officer as and when required for interrogation.
(d) Petitioner shall co-operate with investigation of the case.
(e) Petitioner, along with his father /mother shall file affidavit before the learned magistrate while executing the bail bond undertaking that the petitioner will not get involved in any offence during the period of this bail.
(f) In case any of condition nos.(b),(c) and (d) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge, concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH
JUDGE
/ True Copy /
NS P.A. To Judge