Allowed

Abubacker Aka Kunjumon v. the Sub Inspector of Police

Kerala HC13 Nov 2017Bail Appl./3800/2017

Case brief

AI extract

What is this about?

This bail application under Section 438 CrPC was allowed granting enlarged bail to the appellants accused in a case involving demonetised currency transactions, directing them to appear for MAG and investigation.

What did the court decide?

Enlarged on regular bail on executing a bond for Rs. 50,000/- each with two solvent sureties; directed to appear for interrogation on specified dates and Saturdays.

Abubacker Aka Kunjumon Vs the Sub Inspector of Police — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 13TH DAY OF NOVEMBER 2017/22ND KARTHIKA, 1939 Bail Appl..No. 3800 of 2017 () ------------------------------CRIME NO.270/2017 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED: -------------------

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ABUBACKER AKA KUNJUMON, AGED 44 YEARS,S/O.ALI, PALLIPARAMBIL HOUSE, VAZZAKKALA VILLAGE,PADAMUKAL KARA, NOW RESIDING AT NETTOOR, MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADVS.SRI.SIRAJ KAROLY SRI.M.V.JOY SRI.C.K.PREM RAJ

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RESPONDENT/COMPLAINANT: -----------------------

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THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE CITY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SRI.S. SAJJU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2017, ALONG WITH BA.3845/2017, BA.3901/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A Nos.3800, 3845 & 3901 of 2017

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Dated this the 13^th day of November, 2017

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ORDER

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1.This application is filed under section 438 of the Code of Criminal Procedure.

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2.The petitioners in these applications are the accused Nos. 1 to 3 in Crime No.270/2017 of Town police station Kozhikode which was registered alleging offence punishable under Sections 5 read with 7 of the Specified Bank Notes(Cessation of Liabilities) Act, 2017. It appears that in the course of investigation offence under Section 51(2) of the Black money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 has also been added.

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According to the prosecution, the Department of Revenue Intelligence, Calicut received reliable information on 15.05.2017 that a vehicle bearing No. KL 08-AR-9797 was parked inside the parking area of the PVS Hospital Calicut and was engaged in illegal transactions of demonetised currency. The 1^st accused

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B.A Nos.3800, 3845 & 3901 of 2017 2

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along with four others were found inside the car and on search a large cache of demonetized currency was seized. The 1^st accused was taken into custody and he was questioned by the DRI officials. Later the case was made over to the police based on which crime no.270/2017 was registered as aforesaid. In the course of investigation it was revealed that accused No 2 and 3 were also involved.

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The learned counsel appearing for the petitioners would submit that the petitioners are innocent. It is further submitted that in terms of the directions issued by this Court, the source of the demonetized currency was enquired into by the DRI officials. Notice was issued to the petitioners under Section 41 A as directed by this Court by order dated 27.10.2017 and they appeared before the investigating officer and gave their statements. They have nothing more to disclose is the submission It is also submitted that the provisions of Act 22 of 2015 has no applicability and the offences under Act 2 of 2017 are bailable.

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B.A Nos.3800, 3845 & 3901 of 2017

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5.Based on instructions, the learned Public Prosecutor submitted that custodial interrogation of the petitioners are not required in view of the facts aforesaid. The learned Public Prosecutor submits that necessary directions can be issued to the petitioners to co-operate with the investigation.

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6.In the result, this application will stand allowed. The

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following order is passed.

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i) The petitioners shall appear before the learned Magistrate at 11 a.m on 20.11.2017. They shall be enlarged on regular 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 learned Magistrate;

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ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 09.00 a.m and 11.00 a.m on 21.11.2017, 22.11.2017 and 23.11.2017 and thereafter between 10 a.m and 12 noon on all saturdays for a period of one month. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

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B.A Nos.3800, 3845 & 3901 of 2017

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iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all;

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iv) If the petitioners are arrested prior to their surrender on 20.11.2017 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/(Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 20.11.2017

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v)Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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vi). Petitioners shall not commit any offence while on bail.

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vii). If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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Sd/-

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RAJA VIJAYARAGHAVAN V,

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JUDGE