Akhil George vs Circle Inspector Of Police

A. Badharudeen, J

This is an application for regular bail, filed by the 4th accused in Crime No.632/2022 of Kalpetta Police Station, Wayanad, where the prosecution alleges commission of offences punishable under Section 489A, 489B and 489C and Section 201 r/w Section 34 of the Indian Penal Code.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant documents.

The prosecution case is that, at about 8.00 p.m. on 20.8.2022, 20 fake currency notes, for the value of Rs.500/-were found kept in MAH banana merchant, a shop in Kalpetta. On detection of the fake notes, this crime was registered. On further investigation, it was revealed that the 4th accused also involved in this crime and he along with the 3rd accused, purchased materials for printing counterfeit currency notes.

The learned counsel for the petitioner would submit that nothing recovered from the 4th accused and he was arrested in this crime on 8.2.2023, while he was in custody in Crime No.1020/2022 of Kayamkulam Police Station. It is submitted further that, since the petitioner has been in custody from 8.2.2023, he may be released on bail and this Court granted bail to the petitioner, as per order, dated 28.3.2023 in B.A.No.2084/2023.

The learned Public Prosecutor submitted that the 4th accused is also having involvement in this crime and he is the person at the generative end of the counterfeit currency notes. It is also pointed out that, he has involvement in other crimes viz., Crime No.1020/2022 of Kayamkulam Police Station, Crime No.632/2022 of Kalpetta Police Station and Crime No.235/2022 of Wilson Garden Police Station, Bangalore South.

On scrutiny of the available materials, the innocence, as canvassed by the learned counsel for the petitioner, could not be gathered, prima facie. The continuous involvement of the petitioner in multiple crimes, that too, under Section 489A,B and C, is a matter of serious concern. However, taking note of the petitioner's custody from 8.2.2023 and the progress of investigation, he can be enlarged on bail, on imposing conditions and one among the conditions is that the petitioner herein shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

Accordingly, the bail application is allowed and the petitioner  is  released  on  bail,  by  imposing  the  following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.