Sirajudheen K P vs Superintendent Of Customs

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.4 in O.R.No.49/2022/HPU of Commissionerate of Customs(Preventive), Kochi alleging commission of offence punishable under Section 108 of Customs Act.

The prosecution allegation is that, on 23.04.2022, at about 5.00 pm, while accused No. 1 was proceeding out of Air-cargo Complex, Cochin through the exit gate, he was intercepted by the Officers of Customs (Preventive). He was found carrying a cargo out. While the cargo was opened, a Bone Saw Machine was found inside it. On examination of the Bone Saw Machine, Gold Bullions and Tola Bars weighing 2232 grams worth Rs. 1,20,34,944/- were found concealed inside the machine. The same was seized and the accused No. 1 was arrested. On the basis of his statement recorded u/s 108 of Customs Act, the accused herein and the other accused Shabin Ebrahim A E were figured as the kingpins of the deal.

4 .The learned counsel for the petitioner submitted that on receipt of the summons issued by the Customs officials, the petitioner appeared before the investigating officer on 22.06.2022 and his arrest was recorded on 23.06.2022 and he is in custody since then. It is also submitted that all other accused are granted bail and that the petitioner has no other criminal antecedents.

The learned Standing Counsel for the Customs submitted that the other accused are already released on bail and that the petitioner has serious involvement in the alleged crime.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that all other accused have been granted bail and the petitioner is in custody from 23.06.2022 onwards and further that the petitioner has no other criminal antecedents, 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)The Petitioner shall appear before the investigating officer in O.R.No.49/2022/HPU of Commissionerate of Customs(Preventive), Kochi 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.R.No.49/2022/HPU of Commissionerate of Customs(Preventive), Kochi;

(iv) 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;

(v) 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.R.No.49/2022/HPU of Commissionerate of Customs(Preventive), Kochi may file an application before the jurisdictional court, for cancellation of bail.