Manoj P v. The Senior Intelligence Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 Bail Appl..No. 202 of 2015 () ------------------------------ F. NO.DRI/CRU/19/2014 DATED 07/12/2014.

.......

PETITIONER/4TH ACCUSED:

------------------------------------------- MANOJ. P., AGED 43 YEARS, S/O.APPUNNI, KATTIPPARAMBIN HOUSE, THENHIPALAM P.O., MALAPPURAM-673 636.

BY ADV. SRI.C.R.SIVAKUMAR.

RESPONDENT/COMPLAINANT:

------------------------------------------------- THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT, THROUGH THE SPECIAL PROSECUTOR, DIRECTORATE OF REVENUE INTELLIGENCE, HIGH COURT OF KERALA, ERNAKULAM.

BY SPL. PUBLIC PROSECUTOR (D.R.I) SRI.C.P.UDAYABHANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-02-2015, ALONG WITH BA NO.571 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

B.KEMAL PASHA, J.

................................................................ B.A. Nos.202 & 571 of 2015 ............................................................... Dated this the 6th day of January, 2015

O R D E R

Petitions filed under Section 439 Cr.P.C.

2.

B.A.No.202 of 2015 is filed by A4 and B.A.No.571 of 2015 is filed by A3 in O.R.No.19 of 2014 of the DRI/CRU/19/2014.

3.

This is a case wherein 10 kg. of gold bars which were smuggled from Dubai to the Karipur Internation Airport, were seized on 07.12.2014. The 3rd accused has been in custody for the period from 07.12.2014 onwards and the 4th accused has been in custody for the period from 08.12.2014 onwards.

4.

Heard learned counsel for the petitioners and the learned Special Public Prosecutor for DRI.

B.A.No.202 & 571 of 2015 -: 2 :- 5.

It seems that investigation as far as these petitioners are concerned is practically over. Their continued detention in custody is not required for the continued investigation of this case. No specific criminal antecedents have been pointed out against these petitioners. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of any specific criminal antecedents on their part, this court is of the view that the petitioners can be enlarged on bail, on strict conditions.

6.

In the result, these Bail Applications are allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioners shall report before

B.A.No.202 & 571 of 2015 -: 3 :- the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 13.02.2015 for a period of three months.

(ii) The petitioners shall surrender their passports before the court below. In case they have no passports, an affidavit to that effect shall be filed.

(iii) The petitioners shall not tamper with the evidence or influence witnesses.

(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.

(v) The petitioners shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge