JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is the first accused in S.C.No.479 of 2004 on the file of the Additional District and Sessions Court-III (Adhoc), Manjeri. Aforesaid case arises from Crime No.749 of 2002 of Perninthalmanna Police Station, which was later taken over by the CBCID, SIG III Branch, Kozhikode and numbered as Crime No.465/CR/CK/02. The aforesaid crime was registered against the appellant and another for the offences punishable under Ss. 489B and 489C read with Sec. 34 IPC.

(2.) The prosecution case is that, on 15/10/2002 at 21.30 hours, the accused persons came to 'Muthappan Bar' situated in Sabreena Hotel at Perinthalmanna and the 1st accused attempted to purchase 1/2 bottle of 'Majestic Rum' from the above bar, using a counterfeit currency note of Rs.100.00denomination. Being suspicious of the genuineness of the note, the barman of the hotel reported the matter to the Supervisor and accordingly they verified the genuineness of the said currency. Upon being convinced that the same is fake, they apprehended the accused person and the matter was informed to the police. Police came to the spot immediately and the accused were arrested and fourteen counterfeit currency notes of 100 denomination were recovered from the possession of the 1st accused. Genuine notes for an amount of Rs.1,730.00, which was kept in a black purse was also seized from the possession of the 1st accused. The crime was registered on the basis of the same and later the same was transferred for investigation to the CBCID, SIG III Branch, Kozhikode. Upon conducting further investigation, a final report was submitted and the same was taken into file by the Judicial First Class Magistrate Court-I, Perinthalmanna as C.P.No.26 of 2004.

(3.) Upon completing the legal formalities, the same was committed to the Sessions Court, Manjeri and later it was made over to the Assistant Sessions Court, Manjeri for trial and disposal. Subsequently, the same was withdrawn as per order No.A2-5064/02 dtd. 22/10/2005 and made over to the Additional Sessions Judge, Fast Track Court No.III (Adhoc), Manjeri, where it was tried as S.C.No.479 of 2004.