Sheik Mohideen v. The Senior Intelligence Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sheik Mohideen ... Petitioner/Accused Vs The Senior Intelligence Officer, Directorate of Revenue Intelligence, Sub Regional Unit, No.13/14, Saraswathi Nathi Street, Mahatma Gandhi Nagar, Madurai. ... Respondent/Complainant For Petitioner : Mr.S.Vimal Raj Advocate.
For Respondent : Mr.C.Arul Vaidel @ Sekar Special Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS Prayer -For Bail in F.No.DRI/CZU/MDU/VIII/48/ENQ-01/INT-01/2025 on the file of the respondent.
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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.09.2025 for the offences punishable under Sections 135 Customs Act 1962 under Sections 135(1)(a), 135(1)(b) and 135(1)(i)(A) in F.No.DRI/CZU/MDU/VIII/48/ENQ-01/INT-01-2025 on the file of the respondent. seeks bail.
2. The case of the prosecution is that the petitioner along with other accused persons had smuggled 2299.920 grams of gold illegally from foreign countries. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 23.09.2025. Hence, he seeks bail to the petitioner.
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4. The learned Special Public Prosecutor submitted that the petitioner along with other accused persons had smuggled of 2299.920 grams of gold worth about of Rs.2,58,18,901/- from Singapore to Madurai via Colombo. He further submitted that if the petitioner is granted bail, he may abscond. Hence, he strongly opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional Chief Judicial Magistrate, Madurai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book 3/6
to ensure their identity.
(b] The petitioner is directed to surrender his passport to the respondent. Further, the petitioner shall not move out of india without prior permission from the respondent and he shall report before the respondent daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(S S Y J) 16.10.2025 msrm To
1. The learned Additional Chief Judicial Magistrate, Madurai.
2. The Superintendent, Central Prison, Madurai.
3. The Senior Intelligence Officer, Directorate of Revenue Intelligence, Sub Regional Unit, No.13/14, Saraswathi Nathi Street, Mahatma Gandhi Nagar, Madurai.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
msrm
ORDER
IN CRL OP(MD) No.17702 of 2025 Date : 16.10.2025 (1/2) 6/6