Thankamuthu vs State Of Kerala

Shircy V, J

This application for regular bail has been filed by accused No.6 in Crime No.171/CB/EKM/R/2021 of Crime Branch, Ernakulam registered for the offences punishable under Sections 489A, 489C, 489D, 120B read with Section 34 of Indian Penal Code.

The petitioner has been in custody since 27.07.2021.

The prosecution allegation is as follows:

This petitioner along with the other accused had hatched a criminal conspiracy and pursuant to the conspiracy, they have forged Indian currency notes having denomination of Rs.500/- in a building at a place called Elanji and on 27.07.2021 this petitioner was found in possession of 1510 forged counterfeit currency notes concealed to use the same as genuine currency notes and thereby committed the aforesaid offences.

The learned counsel for the petitioner has submitted that he has not committed any offence as alleged by the prosecution. But he is undergoing unnecessary incarceration since the date of his arrest.

The said submission is refuted by the learned Public Prosecutor contending this petitioner was the person, who had financed the other accused to commit forgery of Indian currency notes and to distribute the same for illegal gain. So he was the mastermind of the entire crime and he was the person, who was dealing with the counterfeit currency notes.

The learned counsel has pointed out that though 11 accused are involved in this crime, accused Nos. 9 and 10 have not been apprehended so far. Regular bail has been granted to accused No.2 by this Court by Annexure A2 order.

Considering the nature of the accusation levelled against the petitioner, the period of detention undergone by him in custody, as well the fact that the charge sheet has not been submitted so far, I am inclined to release him on bail as he has to be treated in parity with the 2nd accused, who has already been released on bail by this Court by an order dated 27.09.2021. Therefore, this application is allowed subject to the following conditions.

(i) The petitioner shall be released on bail on his executing a 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 petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(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 learned Magistrate is empowered to cancel the bail in accordance with the law.