Irshad .N vs State Of Kerala

Shircy V, J

The petitioner who is undergoing incarceration in connection with Crime No.950 of 2021 of Palode Police Station registered for the offences punishable under Sections 489B and 489C of the Indian Penal Code has moved this application for his release on bail. Abkari offences were also registered against him, in another case on the very same day.

The prosecution allegation is that on 1.6.2021 while the police were engaged with law and order duty, found a car parked on the road side at Madathara Thattupalam. The petitioner was found in possession of liquor and a case was registered. On the next day on inspection it was found that he was keeping possession of counterfeit currency notes of Rs.500 denomination worth Rs.1,61,500/- in his vehicle bearing Reg.No.KL 16 M 6744, to use it as genuine and thereby committed the aforesaid offences.

The petitioner has been in custody since 26.6.2021.

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

The learned counsel for the petitioner would submit that the allegations levelled against him are absolutely false and baseless. But he is undergoing incarceration since the date of his arrest. He has been booked by the excise officials under the Abkari Act as well another crime under the NDPS Act. He is totally innocent of the allegations and he was not having any connection with the vehicle from where the counterfeit currency note was detected by the police.

It is submitted by the learned Public Prosecutor that in fact the counterfeit currency notes were detected from the car owned by the petitioner. But it is fairly admitted that the investigating agency has not verified with the ownership of the vehicle and now the investigation is only in progress.

It is true that he is involved in an Abkari case as well under the NDPS Act. However, on hearing the learned counsel for the petitioner as well the learned Public Prosecutor, it is quite clear that the investigation of the case has not been completed though this petitioner was apprehended on 26.6.2021 and arrest was recorded on the same day in this case also. Since the charge sheet has not been submitted by the investigating agency after completion of the stipulated period, no doubt this petitioner is entitled for default bail. Such being the case, I think that it is not necessary to delve deep into the allegations levelled against the petitioner.

Therefore, this application is allowed as he is entitled for default bail subject to the following conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the investigating officer on every first Mondays of every month between 10.a.m and 11.a.m for a period of two months till filing of the charge sheet.

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

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.