Dismissed

Greesh P.S. v. State of Kerala

Kerala HC26 Oct 2019Bail Appl./7541/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a pre-arrest bail application under Section 438 CrPC. The court rejected the plea due to the gravity of the allegations involving manufacturing and trafficking of fake currency notes and the applicant's prior evasion from investigation.

What did the court decide?

Application for pre-arrest bail dismissed. Applicant directed to surrender and seek regular bail.

Greesh P.S. Vs State of Kerala — Anticipatory Bail | Kerala HC (2019)

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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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SATURDAY, THE 26TH DAY OF OCTOBER 2019/4TH KARTHIKA, 1941

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Bail Appl..No.7541 OF 2019

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CRIME NO.266/2018 OF VANDANMEDU POLICE STATION , IDUKKI

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PETITIONER:

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GREESH P.S. AGED 46 YEARS S/O. SREEDHARAN, KOVILTHOTTAM HOUSE, HOUSE NO. 50/814, KOLLAM CORPORATION, THIRUMULLAVARAM P.O. KOLLAM 691 012.

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BY ADV. SRI.M.JAYAKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 SUB INSPECTOR OF POLICE, VENDANMEDU POLICE STATION, IDUKKI DISTRICT.

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SRI. REMESH CHAND, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7541 OF 2019

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..2..

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ORDER

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This application is filed under Section 438 of the Cr.P.C.

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The applicant herein is the 13^th accused in Crime No. 266 of 2018 of the Vandanmedu Police Station, registered on 01.07.2018 under Sections 489B & 489C r/w Section 34 of the IPC. He seeks pre-arrest bail.

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On 1/7/2018, based on a tip off that certain persons were dealing with counterfeit notes, the accused Nos.1 to 3, who fit the description, were intercepted by the Station House Officer, Kattappana. The 1^st accused was found having in his possession 996 counterfeit notes of Rs.200/- denomination and the accused Nos.2 and 3 were found possessing 50 fake notes each of the same denomination. When they were interrogated, the 1^st accused is alleged to have disclosed that the fake notes were printed at Kollam. He further disclosed that he had come to Kattappana for handing over the fake notes to accused Nos. 2 and 3 in exchange for genuine notes. They were arrested and the instant crime was registered. When questioned in custody, the 1^st accused is alleged to have confessed that the notes were printed in the house of the 4^th accused at Kollam. He led the officers to the 1^st floor of the house owned by the 4^th accused at Kollam. The accused Nos.5 and 6 are the daughters of the 4^th accused and they were residing with the 4^th accused. A search was

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..3..

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Bail Appl..No.7541 OF 2019

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conducted and instruments and materials for forging and for counterfeiting currency notes including high quality papers, partly printed Rs.500/- and Rs.200 fake notes, stamping machine, colour printer, computer, screen printing equipments, hard disk, iron box, lamination instrument, numerous fake notes etc. were seized from the said house. In the course of investigation, the roles of accused Nos.7 to 13 were revealed and their names were also included in the array of accused.

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The learned counsel appearing for the applicant submits that the crime was registered originally arraying three named persons as the accused. Later, the applicant herein was arrayed as one of the accused. He would contend that the applicant was working overseas and he has nothing to do with the acts committed by the principal accused.

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5. Opposing the prayer, the learned Public Prosecutor submitted

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that the applicant herein had assisted the 1^st accused in the manufacture of fake currency and had taken active part in the circulation of the same. Finally, it is submitted that the investigation has been completed and final

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report has been laid before the Judicial First Class Magistrate Court, Nedunkandam, where the case is pending as CP No. 49 of 2019.

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I have considered the submissions advanced and have

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Bail Appl..No.7541 OF 2019

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..4..

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perused the records. The allegations are extremely grave and the applicant managed to keep himself away from the investigation. The case records show that he was also having some involvement in the trafficking of notes.

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Having considered the facts and circumstances and the nature of the allegations, I am not persuaded to grant an order of pre-arrest bail to the applicant.

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Since the final report has already been laid, the applicant may surrender before the jurisdictional court and seek regular bail. If any such application is filed, the same shall be considered and orders shall be passed expeditiously and on its merits.

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This application is dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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Bka/26.10.2019

Greesh P.S. v. State of Kerala

Case brief

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Greesh P.S. v. State of Kerala

Case brief

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