Kerala High Court
Syed Sulthan vs State Of Kerala on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
BAIL APPL. NO. 5980 OF 2021
CRIME NO.160/2021 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CRMC 1526/2021 OF DISTRICT AND
SESSIONS COURT, ERNAKULAM
PETITIONERS/APPLICANTS/ACCUSED NO.5 & 6 (IN CUSTODY):
1 SYED SULTHAN
AGED 32 YEARS
S/O. ASKAR ALI, 15/9, 3RD VEEDHI, CHELLAPPAPURAM,
TIRUPPUR, TAMILNADU - 641504.
2 ASHARAF ALI
AGED 32 YEARS
S/O. ABDUL KHADER, 32 HAJI MUHAMMED STREET, KOTTAI,
COIMBATORE SOUTH, COIMBATORE, TAMILNADU - 641001.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
M.V.VIPINDAS
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2 STATION HOUSE OFFICER
UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, ERNAKULAM
DISTRICT - 682307.
SRI.NOUSHAD K.A.-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5980 OF 2021
2
ORDER
Application for regular bail.
Petitioners are accused Nos.5 and 6 in Crime No.160/2021 of
Udayamperoor Police Station registered for the offences punishable
under Sections 489A, 489B, 489C, 489D, 489E(1) and Section 201
r/w Section 34 of the Indian Penal Code.
2. The petitioners are in custody since 21.04.2021.
3. The prosecution allegation is that accused Nos.1 and 2
after procuring materials to counterfeit currency notes, have
printed fake currency notes of the denomination of Rs.2,000/- and
entrusted the same to these petitioners to use as genuine for
unlawful gain and these petitioners have kept the fake currency
notes along with the actual currency notes and circulated and used
it as genuine and they were arrested by the police on getting a tip
off from some reliable source. Thereby these petitioners have
committed the aforesaid offences.
4. The learned counsel appearing for the petitioners would
submit that, though they were taken in custody on 21.04.2021, the
BAIL APPL. NO. 5980 OF 2021
investigating agency has not completed the investigation and filed
the final report till date. Hence, they are entitled for default bail.
5. The learned Public Prosecutor has also submitted that
the final report has not been submitted against these petitioners till
date.
6. So no doubt, though the offences alleged against them
are grave and serious in nature as it reduces the value of real
money and artificial inflation affecting the economy of the country,
the petitioners are entitled for default bail as they are undergoing
incarceration since 21.04.2021. This Court has no power to
intervene with the indefeasible right of the petitioners. Hence, the
request to release on bail is allowed subject to the following
conditions:
(i) The petitioners shall be released on bail on their
executing bond for a sum of Rs.1,00,000/- (Rupees
One Lakh only) each with two solvent sureties for the
like sum each to the satisfaction of the court having
jurisdiction.
(ii) The petitioners shall appear before Investigating
Officer twice in a month (i.e. on 1 st and 15th) between
10.00 a.m. and 11.00 a.m. till filing of the final report.
BAIL APPL. NO. 5980 OF 2021
(iii) The petitioners 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 petitioners 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.
Sd/-
SHIRCY V.
JUDGE
mpm
