~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Occurrence Statement No.73/2014 of the Customs Air Intelligence Unit, Thiruvananthapuram for the offences punishable under Sections 132 and 135(i)(A) of the Customs Act, 1962.
3. The allegation against the petitioner is that on 26.10.2014 at 3.30 a.m., he landed at the Trivandrum International Airport by flight No.EK 522 from Dubai and he was found illegally transporting 3.479 Kg. of gold. The petitioner has been in custody for the period from 28.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Special Public Prosecutor for Customs.
5. The learned Special Public Prosecutor for Customs has pointed out that the statement of the petitioner has clearly revealed that he was travelling always up and down and he has travelled altogether 14 times in between March 2014 and October 2014 and it has come out that on five occasions he had carried 1 Kg. each of gold.
6. No criminal antecedents have been reported against the petitioner. He was caught for the first time. Considering the present stage of the investigation, I do not think that the continued detention of the petitioner in custody is required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and in the absence of criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
7. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the Court below, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 20.11.2014 for a period of six months.
(ii) The petitioner shall surrender his passport before the investigating officer and the investigating officer shall keep it and later produce it before the court below and the same shall be kept in safe custody till the trial of the case is over.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner 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) aks/17/11 // True Copy // PA to Judge