Rajeesh Kumar P.S vs State Of Kerala And Ors

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is 10th accused in Crime No 160 of 2021 of Udayamperoor Police Station. The offences alleged are under sections 489A, 489B,

489C, 489E (1), 201 read with Section 34 of Indian Penal Code.

The prosecution case is as follows: The accused No 1 was found in possession of 86 counterfeit currency having denomination of Rs 2000/- each.

The petitioner herein was implicated in the said offence, on the allegation that, he along with 12th accused procured the said currency from Tamil

Nadu by action as intermediaries. Thus they have committed the said offences.

The petitioner was arrested on 28.04.2021 and he is in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in the present case. It is contended by

him that, the materials available are not sufficient to establish any of the offences alleged against them. The learned Public Prosecutor opposed the

bail application. According to him, the accused committed the offences alleged against him and in case the petitioners are released on bail, they are

likely to influence the witnesses and thereby interfere with the ongoing investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the

petitioner is remanded to judicial custody on 28.04.2021. Apparently, investigation is proceeding smoothly and it is in an advanced stage. No recovery

is also to be made. Further detention appears to be not necessary.

It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic,

the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons.

As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to

eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management)

Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for

minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application.

Therefore, even though the allegations against the petitioner are serious in nature, this court is inclined to allow the application.

Thus, considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, subject to some conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.