Anil Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 Bail Appl..No. 5290 of 2015 ------------------------------------- CRIME NO. 1301/2015 OF MAVELIKKARA POLICE STATION, ALAPPUZHA ..........

PETITIONER(S)/ACCUSED:

-------------------------------------- ANIL KUMAR @ KANNAN, AGED 28 YEARS, S/O.KARTHIKEYAN, CHERUKAVIL KIZHAKKETHIL HOUSE, KUTTIKULANGARA MURI, PATHIYOOR VILLAGE (P.O.). BY ADV. SMT.ASHA ELIZABETH MATHEW RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5290 of 2015 ------------------------------------------------ Dated this the 23rd day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the sole accused in Crime No.1301/2015 of Mavelikkara Police Station registered for an offence punishable under Section 489B and C of I.P.C. 3.

Prosecution case, in short, is that on 15-08-2015 at about 12.00 p.m., the petitioner was found in possession of four currency notes of Rs.100/- denomination, which was allegedly used for purchasing liquor from a Beverages Outlet, Mavelikkara. The Officers of Beverages outlet filed the complaint.

4.

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

5.

Learned counsel for the petitioner submitted that the petitioner is a fish vendor by profession. He has no mens rea to deal with fake currency. Learned Public Prosecutor opposed the bail application. Considering the fact that the petitioner was

B.A No.5290 of 2015 2 arrested on 15-08-2015 and the stage of investigation, I find that bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge