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StalIn Vs. State of Kerala

Stalin vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 24, 2014
~3 min read
https://sooperkanoon.com/case/1165163

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Stalin

Respondent

State of Kerala

Excerpt

.....heard the learned counsel for the petitioners and the learned public prosecutor.4. learned counsel for the petitioners submitted that the petitioners are in custody for nearly 58 days as on today. the investigation has advanced to a considerable extent. bail appl. no.6842 of 2014 2 5. learned public prosecutor has opposed the bail application by contending that considerable quantity of counterfeit currency notes are involved in this case.6. considering the fact that the investigation in this case has progressed to the considerable extent, bail is granted to the petitioners with following conditions. i. the petitioners shall be released on bail on their executing bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the judicial first class magistrate court, kattappana. ii. the sureties shall produce documents to establish their identity and solvency. iii. the petitioners shall report before the investigating officer on all mondays between 9.00 a.m. and 10.00 a.m. until final report is filed. iv. the petitioners shall surrender their passports forthwith. if they do not have the bail appl. no.6842 of 2014 3 same, they shall file affidavits to that effect before the said court. v. the petitioners shall not leave the local limits of the revenue district, thodupuzha with out permission of the learned magistrate. vi. the petitioners shall not intimidate or influence the witnesses or meddle with the investigation. vii. the petitioner shall not involve in any other crimes during the pendency of this case. viii. if any one of the above conditions is violated by the petitioners, the learned magistrate is free to cancel the bail. sd/- a. hariprasad judge / true copy / ns p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE24H DAY OF SEPTEMBER20142ND ASWINA, 1936 BAIL APPL. NO. 6842 OF2014() ------------------------------- CRIME NO. 1268/2014 OF KATTAPPANA POLICE STATION , IDUKKI DISTRICT --------------------------- PETITIONER(S)/ACCUSED NO.2 & ACCUSED NO.3 : -------------------------------------------------------------------- 1. STALIN, AGED28YEARS, S/O. NESAMANI, MALAPPARA HOUSE, KALKOONTHALKARA KALKOONTHAL VILLAGE.

2. TOMY , AGED40YEARS, S/O. THOMAS, THEKKEVAYAL HOUSE, CHINNAR BHAGOM BATHEL KARA, KALKOONTHAL VILLAGE. BY ADVS. SRI. JOHN S. RALPH SMT. PREETHY KARUNAKARAN SMT. SANJANA R. NAIR SRI. BIMAL PRASAD SRI. K.J.

JOSEPH (ERNAKULAM) SRI. V. JOHN THOMAS RESPONDENT(S)/COMPLAINANT : --------------------------------------------- STATE OF KERALA, REP. BY S.I. OF POLICE KATTAPPANA POLICE STATION (CR. NO. 1268/2014) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM, COCHIN-682031. BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2409-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6842 of 2014 -------------------------------------------- Dated this the 24th day of September 2014 ORDER

Petitioners are accused nos.2 and 3 in Crime No.1268 of 2014 of the Kattappana Police station registered for the offences punishable under Secs.489(A), 489(C) and 489(D) read with Sec.34 of IPC.

2. Prosecution case is that on 26.07.2014 at about 9.15 a.m., the accused persons were found in possession of counterfeit currency notes. It is further alleged that the 3rd accused made the counterfeit currency notes. Equipments used for making the counterfeit currency notes were seized from the house of the 3rd accused. The 2nd accused is also actively involved in the offence is the prosecution allegation.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. Learned counsel for the petitioners submitted that the petitioners are in custody for nearly 58 days as on today. The investigation has advanced to a considerable extent. Bail Appl. No.6842 of 2014 2 5. Learned Public Prosecutor has opposed the bail application by contending that considerable quantity of counterfeit currency notes are involved in this case.

6. Considering the fact that the investigation in this case has progressed to the considerable extent, bail is granted to the petitioners with following conditions. i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kattappana. ii. The sureties shall produce documents to establish their identity and solvency. iii. The petitioners shall report before the investigating officer on all Mondays between 9.00 a.m. and 10.00 a.m. until final report is filed. iv. The petitioners shall surrender their passports forthwith. If they do not have the Bail Appl. No.6842 of 2014 3 same, they shall file affidavits to that effect before the said Court. v. The petitioners shall not leave the local limits of the Revenue District, Thodupuzha with out permission of the learned Magistrate. vi. The petitioners shall not intimidate or influence the witnesses or meddle with the investigation. vii. The petitioner shall not involve in any other crimes during the pendency of this case. viii. If any one of the above conditions is violated by the petitioners, the learned Magistrate is free to cancel the bail. Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge

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