E P AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No. 1 in Crime No. 10 of 2010 of the Kasaba Police Station, Kozhikode District.

(2.) The offences alleged against the petitioner are under Sections 489B and 489C of the Indian Penal Code.

(3.) The gist of the prosecution case is the following: On getting secret information that one Joseph Christy of Mananthavady had kept a tiger skin for sale, as per the direction of the Divisional Forest Officer, Flying Squad, Kozhikode, the Forest Range Officer, Flying Squad, Kalpetta made enquiries. He got information that Joseph Christy was interested in the sale of the tiger skin. Joseph Christy was contacted and he expressed his desire to sell the tiger skin. Joseph Christy was staying in Alaska Hotel, Mananthavady. On 5.1.2010, the forest officials met Joseph Christy under the pretext that the former were the intending purchasers of tiger skin. Joseph Christy informed them that tiger skin was kept in Karnataka and that it was not readily available at Mananthavady. Joseph Christy informed them that he could arrange counterfeit Indian currency notes printed in Pakistan. He stated that the counterfeit currency notes were just like the original Indian currency notes. The forest people stated that they were willing to purchase the same. Joseph Christy informed them that dealing in counterfeit currency notes could be had only at Kozhikode. Joseph Christy also stated that he used to sell Valampirisanghu, tiger skin, leopard skin, etc.. He stated that he was also engaged in the business of making "black money" into "white money". Joseph Christy (accused No. 2) directed Dinesan and Wilson (accused Nos. 3 and 4) to meet him at Alaska Hotel. He also stated that he had an urgent appointment at Chundale. Necessary instructions were given by Joseph Christy to Dinesan to arrange the counterfeit currency notes. Joseph Christy, Dinesan, Wilson and the forest officials (who pretended themselves as the customers) proceeded to Kozhikode in a vehicle, bearing registration No. KL-13K.8152. Other forest officials followed them in two other vehicles. Joseph Christy alighted from the vehicle at Chundale. When they reached near Kallayi bridge at Kozhikode, Dinesan contacted E.P. Ahammed (petitioner - accused No. 1) over phone and informed him that one party was available for purchasing counterfeit currency notes worth Rs. 8 lakhs. E.P. Ahammed arranged Siji (accused No. 5) to bring the currency notes. Siji and another man came to the arranged spot on a motor bike. Siji was carrying counterfeit currency notes. He entrusted the currency notes to E.P. Ahammed. Dinesan requested E.P. Ahammed to entrust the counterfeit currency notes to the purchasers (forest officials). When E.P. Ahammed was counting the currency notes sitting in the vehicle, the forest officials apprehended him. The other accused ran away from the spot. It was found that E.P. Ahammed had with him sixteen bundles of counterfeit currency notes of the denomination of Rs. 500/-. E.P. Ahammed was apprehended and the counterfeit currency notes and the motor bike were seized. A total number of 1572 counterfeit currency notes of the denomination of Rs. 500/-, having the value of Rs. 7,86,000/- were seized from Ahammed. A mahazar was prepared. The Range Officer, Flying Squad Range, Kozhikode entrusted the petitioner to the Station House Officer, Kozhikode Police Station. The counterfeit currency notes, the motor bike, the mahazar etc. were also handed over to the police. Crime No. 10 of 2010 was accordingly registered.