Prajith And Ors vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C.

The applicants are accused Nos.3 and 5 in Crime No.1003/2020 of Alathur Police Station, Palakkad, for having allegedly committed offences punishable under Sections 489B and 489C r/w Section 34 of the IPC.

The prosecution case, in brief, is that on 11.11.2020 at about 6.30 p.m, the accused persons were found to be in possession of counterfeit currencies of Rs.500/- denomination, knowingly the same to be counterfeit, in furtherance of common intention with a person named Malik, who the 6th accused from whom the applicants had collected the counterfeit currencies for the purpose of distribution and thus they committed the offence. Both these accused were arrested on 12.11.2020 and remanded to judicial custody. The applications for bail before the Sessions court, Palakkad were dismissed and therefore the applicants had approached this Court for indulgence. It is submitted that the 2nd accused who is similarly placed had been granted bail by this Court vide order dated 22.12.2020 in BA No.8342/2020.

The applicants state that apart from this crime they are not involved in any other crime. Considering the fact that they have been subjected to custodial interrogation, nothing more is to be recovered from them and hence they may be released on bail.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The applicants admittedly do not have any criminal antecedents apart from involvement in this crime. They have been in custody since 12.11.2020. It is true that the offence of counterfeit in currencies is a very grave offence and it definitely affects the economy of our country. However, the applicants were found to be in possession of only a few currencies and it was allegedly collected from the 6th accused. The applicants had no other criminal antecedents and therefore, I find that further incarceration of the applicants may not be necessary for the purpose of investigation. Stringent conditions are to be imposed.

In the result, the bail application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

(1) They shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of two months or till filing of the final report whichever is earlier.

(2) They shall surrender their passports, and if they do not have any passport, file an affidavit to that effect.

(3) They shall not attempt to influence or intimidate the witnesses.

(4) They shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.