SIRAJ. C.H Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THE 2nd accused in Crime No. 477 of 2009 of Kannur Town Police Station, against whom offence under Sections 489 B and 489 C is alleged, and who is detained in judicial custody since 26 -7 -2009, has filed this Bail Application under Section 439 of the Code of Criminal Procedure for the grant of bail.

(2.) THE gist of the case of the prosecution is the following: On 26 -7 -2009, V.K.Ubaise (Accused No. 1) purchased a mobile phone from a shop at Thavakkara, Kannur for a sum of Rs. 2,700/ -. Ubaise tendered currency notes of the denomination of one hundred rupees to the dealer. He expressed a doubt as to the genuineness of the currency notes. Ubaise took back those currency notes. However, he was detained by the people of the locality. The owner of the shop informed the police. The police went to the spot. 30 numbers of counterfeit currency notes were seized from Ubaise. He was arrested. He was also questioned. He stated that counterfeit currency notes were kept at his residence at Thaliparamba. Based on the confession, 40 counterfeit currency notes were discovered from the residence of Ubaise. He stated that the counterfeit currency notes were supplied to him by C.H.Siraj (accused No. 2). Ubaise was made to contact Siraj over phone and the latter was requested to bring more counterfeit currency notes to a specified place. Siraj came to the place. The police took him into custody. On a search of his body, 280 numbers of counterfeit currency notes of the denomination of Rs.100/ - and 2 counterfeit currency notes of the denomination of Rs.1,000/ - were seized. On the arrest of Siraj, he stated that the currency notes were supplied by one Basheer (accused No. 3) of Valanchery. A search was conducted at the residence of Basheer at Valanchery. 20 fake currency notes of the denomination of Rs.100/ - were seized. However, Basheer was not available at the place and therefore he could not be arrested.

(3.) SRI . V.A.Satheesh, learned counsel for the petitioner submitted that there is no reason why the petitioner should be detained further. The petitioner is suffering from renal disease and he was undergoing treatment for the same from 2005 onwards. He had also undergone a surgery for Hernia on 19 -8 -2009. Some medical records were also produced by the petitioner in support of his contentions.