Anas vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 2nd accused in Crime No.1020/2022 of Kayamkulam Police Station, Alappuzha alleging commission of offences punishable under Sections 489 A, 489 B, and 489 C r/w Section 34 of the IPC.

The prosecution allegation is that, the petitioner and the other accused were found in possession of fake Indian currency notes and they used the same as original and thereby committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner is arrested on 28.10.2022 and he is custody since then. The learned counsel for the petitioner further submitted that the allegation against the 3rd accused is also the same as against the 2nd accused (petitioner herein) and he was granted bail by this Court in BA No.9322/2022.

The learned Public Prosecutor opposed the application for bail mainly contending that it is the petitioner who handed over the fake currency to the other accused.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 28.10.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating officer in Crime No.1020/2022 of Kayamkulam Police Station, Alappuzha on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1020/2022 of Kayamkulam Police Station, Alappuzha ;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not leave the State of Kerala without obtaining prior permission from the Jurisdictional Court.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1020/2022 of Kayamkulam Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.