Muhammed Shameem vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in O.S. No.241/2022 of the Air Customs, Calicut alleging commission of offence punishable under Section 135 of the Customs Act.

The prosecution allegation is that, on 31.07.2022, the Air Intelligent Unit of Airport, Calicut had intercepted the applicant, who is a Ground Staff in Air Arabia and a search was conducted and based on the search, the Customs found 2647 Grams of Gold mixture from the petitioner and thus he has committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 31.07.2022 and that he is in custody since then.

This Court, as per order dated 17.08.2022, has granted an interim bail to the petitioner which was subsequently extended by orders dated 30.08.2022 and 29.09.2022.

Heard the learned Public Prosecutor appearing for the Customs Department. It is submitted that the investigation is practically over.

Having regard to the facts and circumstances of the case, considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in O.S. No.241/2022 of the Air Customs, Calicut on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in O.S. No.241/2022 of the Air Customs, Calicut;

(iv) The petitioner shall not leave the State without obtaining prior permission from the trial court;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in O.S. No.241/2022 of the Air Customs, Calicut may file an application before the jurisdictional court, for cancellation of bail.