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Jose vs State of Kerala

JOSE vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 03, 2023
~4 min read
https://sooperkanoon.com/case/1409195

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./10324/2022

Parties & Advocates

Appellant / Petitioner

JOSE

Respondent

State of Kerala

Excerpt

.....police station, ernakulam registered alleging commission of offences punishable under sections 489a, 489b, 489c and 489d read with section 34 of the indian penal code.3. the prosecution allegation is that, the 1 st accused, beingfully aware of the fact that the currency notes are counterfeit, obtained the same and kept under the staircase of his house at thuravoor village on 06.10.2022 at about 4.50 p.m. and was found by the respondent. it is alleged that accused nos.2 to 4 are also involved in the offence.4. petitioners submit that they are no way connected to theabove crime. they were never in conscious possession of the counterfeit currency. petitioners further submit that they are in custody from 07.10.2022 onwards and that their continued detention is not required for the purpose of investigation.5. learned public prosecutor opposed the application for bailb.a. no.10324, 10413 & 10415 of 2022 :5: mainly contending that the allegations against the petitioners are very serious and upon instructions submitted that the 1 st accused was entrusted with the counterfeit notes by accused nos.2 and 3 and a total of 100 notes of the value of rs.500/- was seized from the building of the 1st accused. learned public prosecutor upon instructions further submitted that the 3 rd and 4th accused are involved in one other criminal case each. considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 07.10.2022 onwards, i am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions in view of the criminal antecedents of the petitioners. in the result, these bail applications are allowed. it is directed that the petitioners shall be released on bail, subject to the following conditions:(i) the petitioners shall execute a bond for rs.50,000/- (rupees fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court(ii) they.....

Full Judgment

BAIL APPL. NO. 10324 OF 2022 Crime No.957 of 2022 of Angamaly Police Station, Ernakulam JOSE AGED 48 YEARS S/O. FRANCIS, THEKKAN HOUSE, KANJOOR, KANJOOR VILLAGE., PIN - 683575 JAISON JOSEPH M.N.SANJITH A.P.SATHIAN ARCHANA RAMANAN VEENA VALLIKANTHAN 1 STATE OF KERALA 2 SUB INSPECTOR OF POLICE ANGAMALY POLICE STATION ., PIN - 683572

PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..10413/2022, 10415/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.10324, 10413 & 10415 of 2022 :2: BAIL APPL. NO. 10413 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 2844/2022 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM CRMP 1993/2022 OF JUDICIAL FIRST CLASS MAGIST. COURT, ANGAMALY(TEMPORARY)

JINTO MANI AGED 37 YEARS S/O K.M. MANI, KOTTACKAL HOUSE, NAYATHODU P.O, ANGAMALY, PIN - 683572 C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH STATE OF KERALA PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..10324/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.10324, 10413 & 10415 of 2022 :3: BAIL APPL. NO. 10415 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRMC 2852/2022 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM CRMP 1993/2022 OF JUDICIAL FIRST CLASS MAGIST. COURT, ANGAMALY(TEMPORARY) AJITH K. ANTONY AGED 26 YEARS S/O ANTONY K, KANJIRAPARAMBIL HOUSE, PULICKAMALY P.O, MULAMTHURUTHY, PIN - 682314 C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH STATE OF KERALA PP:SMT. Seetha S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..10324/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.10324, 10413 & 10415 of 2022 :4:

VIJU ABRAHAM, J.

-- -- -- -- -- -- -- -- -- -- -- -- -- B.A. Nos.10324, 10413 & 10415 of 2022 -- -- -- -- -- -- -- -- -- -- -- -- -- Dated this the 3rd day of January, 2023

ORDER

These are applications for regular bail.

2. The petitioners in B. A. Nos. 10413, 10415 & 10324 of

2022 are accused Nos. 2, 3 and 4 respectively in Crime No.957 of 2022 of Angamaly Police Station, Ernakulam registered alleging commission of offences punishable under Sections 489A, 489B, 489C and 489D read with Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, the 1 st accused, being

fully aware of the fact that the currency notes are counterfeit, obtained the same and kept under the staircase of his house at Thuravoor Village on 06.10.2022 at about 4.50 p.m. and was found by the respondent. It is alleged that accused Nos.2 to 4 are also involved in the offence.

4. Petitioners submit that they are no way connected to the

above crime. They were never in conscious possession of the counterfeit currency. Petitioners further submit that they are in custody from 07.10.2022 onwards and that their continued detention is not required for the purpose of investigation.

5. Learned Public Prosecutor opposed the application for bail

B.A. No.10324, 10413 & 10415 of 2022 :5: mainly contending that the allegations against the petitioners are very serious and upon instructions submitted that the 1 st accused was entrusted with the counterfeit notes by accused Nos.2 and 3 and a total of 100 notes of the value of Rs.500/- was seized from the building of the 1st accused. Learned Public Prosecutor upon instructions further submitted that the 3 rd and 4th accused are involved in one other criminal case each. Considering the facts and circumstances of the case and taking into consideration the detention of the petitioners from 07.10.2022 onwards, I am inclined to grant bail to the petitioners, but the same shall only be on stringent conditions in view of the criminal antecedents of the petitioners. In the result, these bail applications are allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court

(ii) They shall appear before the investigating officer

in Crime No.957 of 2022 of Angamaly Police Station, Ernakulam on all Saturdays at 11.00 a.m. for a period of six months. B.A. No.10324, 10413 & 10415 of 2022 :6:

(iii) They shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) They shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) They shall not involve in any other crime while on

bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.957 of 2022 of Angamaly Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE sm/

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