Pulikkippoyil Sharafudheen vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner seeks for regular bail under Section under Section 439 of the Code of Criminal Procedure, 1973, in O.S. No.142/2023 of AIR Customs, Calicut International Airport.

According to the respondent, pursuant to information received by the AIR intelligence unit of the AIR Customs, International Airport Calicut, they intercepted petitioner and his wife at the Calicut International Airport on 16.05.2023. Upon a thorough search they recovered 950 gms of gold in a compound form concealed in four capsules in the rectum of the petitioner and a further 1198 gms of gold from inside the panties worn by the wife of the petitioner. The total value of gold recovered from the petitioner and his wife was more than Rs.1.20 Crores and therefore, the offences were treated as non bailable and they were arrested.

In an earlier bail application filed as B.A.No.4602/2023, by order dated 27.06.2023, this Court granted bail to the wife of the petitioner, but rejected the bail application of the petitioner. This application is filed subsequent thereto.

Sri. Martin Jose.P, the learned counsel for the petitioner contended that, petitioner has been in custody from 19.05.2023 and that further detention ought not to be permitted. It was also submitted that, petitioner is willing to abide by any conditions that may be imposed upon him.

Sri. Sreelal.N.Warrier, the learned Special Public Prosecutor appearing for the respondent submitted that, though petitioner has been in custody from 19.05.2023, further interrogation is essential, especially for corroboration. It was also submitted that, investigation is still continuing and therefore, petitioner ought not to be released on bail.

I have considered the rival contentions.

Petitioner and his wife are alleged to have smuggled gold having a value more than Rs. 1.20 Crores. The offence has already been held to be a non bailable offence. Despite the above, wife of the petitioner was granted bail by this Court on 27.06.2023, while petitioner’s application for bail was rejected.

Petitioner has been in custody since 19.05.2023. More than 54 days have elapsed, since the petitioner remaining in custody. Though investigation is stated to be still continuing, I am of the view that, further detention of the petitioner would amount to conviction before punishment. Therefore, this Court is of the opinion that, petitioner can be released on bail subject to strict conditions.

In the result, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when notice to that effect is issued by the Investigating Officer.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.