Kerala High Court
Thankamuthu vs State Of Kerala on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
BAIL APPL. NO. 7812 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1904/2021 OF SESSIONS COURT,
ERNAKULAM
PETITIONER/ACCUSED:
THANKAMUTHU
AGED 60 YEARS
S/O. SHANMUKHAM, DHANUSH BHAVAN, MANJUMALA BHAGAM,
VANDIPERIYAR KARA, PERIYAR VILLAGE, IDUKKI DISTRICT.
BY ADVS.
BASIL CHANDY VAVACHAN
GEORGIE SIMON
NIRMAL J.KALLELY
ABEY GEORGE
CHARUTHA BHAIJU
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 INSPECTOR,
CBCID CRIME BRANCH, ERNAKULAM.
PUSHPALATHA.M.K - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7812 OF 2021
2
ORDER
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.
2. The petitioner has been in custody since 27.07.2021.
3. 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.
4. 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.
5. The said submission is refuted by the learned Public
Prosecutor contending this petitioner was the person, who had
BAIL APPL. NO. 7812 OF 2021
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.
6. 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.
7. 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.
BAIL APPL. NO. 7812 OF 2021
(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.
Sd/-
SHIRCY V.
JUDGE
mpm
