BHASHEER & ANR vs STATE OF KERALA

This petition, filed under Section 439 of the Code of Criminal Procedure, is preferred by accused Nos.1 & 2 in Crime No.39/2018 of the

Badiadka Police Station, registered under Sections 420 of the Indian Penal Code as well as Section 5 & 7 of the Specified Bank Notes

(Cessation of Liabilities) Act, 2017.

The prosecution allegation is that on 17.01.2018, at 3.40 PM, the petitioners were found transporting demonetized Indian Currency of Rs.500

denomination in a car bearing Reg.No.KA- 21/AS-761. They were nabbed at the spot and were produced before the learned Magistrate on

18.01.2018 and were remanded.

The learned counsel appearing for the petitioners submitted that the petitioners are innocent, which submission is opposed by the learned Public

Prosecutor. According to the learned Public Prosecutor, the investigation conducted till date points to the complicity of the petitioners.

I have considered the submissions advanced and have gone through the case diary. It appears that the investigation has progressed much. It is

not reported that the petitioners are persons with prior criminal antecedents.

Having regard to the nature and gravity of allegations, the period of incarceration undergone by the petitioners, the stage of investigation and

attendant facts, I am of the view that the continued detention of the petitioners herein is uncalled for. They can now be released on bail subject to

conditions.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

a) Each of the petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the court having jurisdiction.

b) The petitioners shall appear before the Investigating Officer on all Saturdays between 9 AM and 10 AM, for 2 months or till final report is filed,

whichever is earlier.

c) The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

d) The petitioners shall not leave the Country without the prior permission of the court having jurisdiction.

e) The petitioners shall not commit any offence while they are on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if

any, and pass appropriate orders in accordance with the law.