Ratheesh R vs State Of Kerala

Viju Abraham , J

This is an application for regular bail.

The Petitioner is the sole accused in Crime No. 102/CB/KNR & KSD/R/2021 of CBCID Kasargod. Originally the above crime was registered as Crime No. 739/2019 of Hosdurg Police station alleging commission of offence punishable under Section 489 of the Indian Penal Code.

The prosecution case in short is that, on 14.12.2019 one Smt. Ponnamma had deposited 5 currency notes of 500 denomination which was found to be counterfeit currencies, hence the above case.

The petitioner submitted that he has been falsely implicated in the above said crime. The crime was registered as early as in 2019, the investigation of which was later taken over by the Crime Branch. The specific case of the petitioner is that there is absolutely no evidence to connect the petitioner to the above incident. The investigation has considerably progressed and his police custody was also given and was thoroughly interrogated and therefore his further detention is not required for the purpose of the investigation.

The learned Public Prosecutor upon instructions submitted that investigation so far revealed that petitioner has transferred counterfeit notes to various persons and further that the investigation is going on. The learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner, but on only on stringent conditions.

In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute a 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) The petitioner shall appear before the investigating officer in Crime No. 102/CB/KNR & KSD/R/2021 of CBCID Kasargod on all Saturdays at 11 am until filing of chargesheet;

(iii) The petitioner shall appear before the Investigating Officer in Crime No. 102/CB/KNR & KSD/R/2021 of CBCID Kasargod as and when required and shall co-operate with the investigation.

(iv) The petitioner shall not leave the jurisdiction of State of Kerala without obtaining prior permission from the jurisdictional court;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 102/CB/KNR & KSD/R/2021 of CBCID Kasargod;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 102/CB/KNR & KSD/R/2021 of CBCID Kasargod, may file an application before the jurisdictional court, for cancellation of bail.