The High Court dismissed the petition for anticipatory bail, holding that the features of the case involving counterfeit currency notes do not justify special leave. The court directed the petitioner to approach the magistrate for regular bail.
Anticipatory bail application dismissed; petitioner directed to seek regular bail from Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930
Bail Appl..No. 2299 of 2008() ----------------------------CRIME NO. 188/08 OF KOTTIYAM POLICE STATION
PETITIONER
IBRAHIM KUTTY AGED 52 YEARS, KUZHIVILA THEKKATHIL, NORTH MYLAKKADU, KANNANALLOOR P.O. KOLLAM.
BY ADV. SRI.V.JAYAPRADEEP
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI. S.U. NAZAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 2nd day of May, 2008
O R D E R
Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable under Section 489 B & C. I.P.C. The crux of the allegations is that some persons had gone to the first accused and had handed over an amount of Rs.8,000/- (counterfeit currency notes of 7 x 1000 and 2 x 500). Those currency notes were handed over by the first accused along with the second accused to the local branch of the KSFE. They detected those notes to be counterfeit currency notes. Complaints were filed. Accused 1 and 2 were arrayed as accused. On their interrogation, it is found that they were note the real culprits. Investigation continued. The needle of suspicion is directed against the petitioner and two others.
B.A.No. 2299 of 2008
2
Investigating Officer now submits that the petitioner is identified to be the person who, along with two others, had handed over the counterfeit currency notes to the first accused. It is submitted that the petitioner has to be further interrogated, though he was available for interrogation as per the interim direction of this Court. Custodial interrogation is necessary. He may not be permitted to arm himself with an order of anticipatory bail now. That would hamper the smooth course of investigation in a case like this, submits the learned Prosecutor.
B.A.No. 2299 of 2008
3
of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course.
(R. BASANT) Judge
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2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail despite objections from the investigating officer.
Whether the current case warrants invocation of the extraordinary equitable discretion under Section 438 Cr.P.C.
1 provisions across 1 enactments
IBRAHIM KUTTY
STATE OF KERALA
S.I.OF POLICE KOTTIYAM
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
