Kerala High Court
Jithu vs State Of Kerala on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
BAIL APPL. NO. 7090 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1623/2021 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGALLUR, THRISSUR
PETITIONER/3RD ACCUSED:
JITHU.,
AGED 33 YEARS
S/O. LAVAN KONNAMPARAMBIL HOUSE,
METHALA VADASSERY COLONY DESOM, METHALA.
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
SNEHAPRABHA
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM.
2 THE DPEUTY SUERINTENDENT OF POLICE,
KODUNGALLUR, THRISSUR DISTRICT.
SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7090 OF 2021
2
ORDER
Application for regular bail.
The petitioner, who is undergoing incarceration since
24.07.2021 in connection with Crime No.749/2021 of Kodungallur
Police Station registered for the offences punishable under Sections
489B and 489C of the Indian Penal Code, has moved this
application for his release on bail.
2. The prosecution allegation is that, on 06.07.2021 at
about 22.30 hours, the petitioner was admitted in a hospital by
name Modern Hospital, Kodungallur as he met with a road traffic
accident. Before starting treatment and making him for preparation
for treatment, the hospital employees could find 357 counterfeit
currency notes of 500 denomination concealed in his dress. As he
sustained grievous injuries, he was referred to a higher centre by
keeping the counterfeit currency notes with them and intimation
was given to the police and thus the same was seized by
Kodungallur police and later he was arrested in connection with this
crime.
3. The learned counsel for the petitioner would submit that
BAIL APPL. NO. 7090 OF 2021
it is true that he met with an accident on 06.07.2021, but he has
become unconscious immediately on sustaining the injuries. So
someone has removed him to a private hospital at Kodungallur. As
his condition was critical he was shifted to Aster Medcity and from
there he was removed to Medical Trust Hospital, where he had
undergone treatment for several days. In fact, when he was
brought to the hospital at Kodungallur he was unconscious and at
the time when was removed to Aster Medcity also he was
unconscious. So somebody had planted this counterfeit currency
notes on his body without his knowledge. He has absolutely no
connection with the same, but he is undergoing incarceration since
the date of his arrest.
4. This contention has been refuted by the learned Public
Prosecutor. The learned Public Prosecutor submitted that
immediately after seizure of the counterfeit currency notes on
getting intimation from the Modern Hospital, Kodungallur, a
detailed investigation has been conducted and then revealed that
the accused Nos.1 and 2 are the master mind of this crime and
they are involved in similar offences. This petitioner, who is
arraigned as the 3rd accused was entrusted by accused Nos.4 to 6
to collect the counterfeit currency notes from accused Nos.1 and 2.
BAIL APPL. NO. 7090 OF 2021
To facilitate the same, 6th accused had handed over a sum of
Rs.30,000/- to 4th accused, who in turn handed over the same to
this petitioner and thus he collected counterfeit currency notes of
Rs.1,78,500/- and he has been booked for the offences after his
discharge from the hospital. According to the learned Public
Prosecutor, the seriousness of the offences alleged against this
petitioner and the other accused are grave. Accused Nos.1 and 2
are yet to be apprehended, though accused Nos.4 to 6 were
granted regular bail after their arrest. Now the investigation is in
full swing.
5. Heard both sides. Perused the records.
6. Annexure 2, a discharge summary card issued form the
department of neurosurgery, Medical Trust Hospital which pertains
to this petitioner would show that he had sustained head injury
apart from the other injuries. So it appears that the argument
advanced by the learned counsel for the petitioner that he was
unconscious when brought to the hospital as genuine. Immediately
after the accident he was admitted in Modern Hospital, Kodungallur.
As per the version of the prosecution the counterfeit currency notes
found concealed in his dress was taken by the hospital employees
and intimation was given to the police. The petitioner was brought
BAIL APPL. NO. 7090 OF 2021
to the hospital with serious injuries in an unconscious stage on
06.07.2021. But admittedly the case was registered against the
petitioner only on 07.07.2021 that too at 12.21 p.m. So there is
some merits in the argument advanced by the learned counsel for
the petitioner that, he was in an unconscious stage and somebody
might have planted the same otherwise there was no reason for the
delay in intimating the matter to the police, as he was referred
from that hospital to Aster Medcity on the very same day. But
whatever be it, now the investigation of the case is well in progress
and accused Nos.1 and 2, who is described as the master mind of
this offence by the learned Public Prosecutor are yet to be arrested.
I could not find any material on record as such to conclude that
further detention of this petitioner is required for the investigating
agency to proceed with the investigation of the case. Therefore,
though the offences alleged against all the accused involved in this
crime are grave and serious in nature and counterfeit currency
menace will affect the economic stability of the state, I am inclined
to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on 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.
BAIL APPL. NO. 7090 OF 2021
(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.
Sd/-
SHIRCY V.
JUDGE
mpm
