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High Court of KeralaBail Appl./1604/2015allowed

Shabir Ali v. The Sub Inspector Of Police, Vadakekad Police Station

2015-03-264 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Bail Appl..No. 1604 of 2015 ---------------------------------------- CRIME NO. 494/2013 OF VADAKEKAD POLICE STATION , THRISSUR ------------------------ PETITIONER(S)/ACCUSED NO.4 :

------------------------------------------------- SHABIR ALI, AGED 28 YEARS, S/O.SADIQ ALI, PULIKKAPARAMBIL HOUSE, THALAKKADATHUR, TIRUR, MALAPPURAM.

BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT(S) :

----------------------------

1. THE SUB INSPECTOR OF POLICE, VADAKEKAD POLICE STATION, THRISSUR DISTRICT - 680 421.

2. SUPERINTENDENT OF POLICE, CBCID (ICW III), THRISSUR - 678 001.

3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.1604 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 4th accused in Crime No.271/CR/OCWIII/PKD/2013 of CBCID, Palakkad for the offences punishable under Sections 489B and 489C read with Section 34 I.P. C. 3.

On 24.5.2013 at 8.20 a.m., 6 numbers of fake Indian currency notes of the denomination of ₹500/- were handed over to the CSK Petronet Petrol Pump, Akalad. The same were seized from the petrol bunk by the police at 4 p.m. In connection with it, the petitioner was arrested, and he has been in custody for the period from 26.12.2014 onwards.

4.

Heard learned counsel for the petitioner and the learned

B.A.1604/2015 Public Prosecutor.

5. Even though the petitioner has been in custody for the period from 26.12.2014 onwards, the investigation of this case is not over and the final report has not been filed so far. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) of the Code of Criminal Procedure.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays commencing from 2.4.2015 for a period of six months.

(ii) The petitioner shall surrender his passport before the court below. If he has no passport, an affidavit to that

B.A.1604/2015 effect shall be filed before the court below. (iii) The petitioner shall not tamper with the evidence or influence witnesses.

(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(v) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. SD/ B.KEMAL PASHA, JUDGE dl /True Copy/