~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Occurrence Statement No.169/2014 of Air Customs, Cochin for the offences punishable under Sections 132 and 135(i)(A) of the Customs Act, 1962.
3. The allegation against the petitioner is that he landed at the Cochin International Airport by Qatar Airways Flight No.QR-516 on 05.11.2014 with 7435.280 grams of gold in the form of tola bars and different articles in concealed form. He was intercepted, the gold was seized and he was placed under arrest on 05.11.2014 itself, and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Special Public Prosecutor for Customs and Central Excise.
5. The report of the investigating officer reveals that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of the case. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of this case, and having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on his part, I am satisfied that the petitioner can be enlarged on bail.
6. 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 Tuesdays and Fridays, commencing from 23.12.2014 for a period of six months.
(ii) The petitioner shall surrender his passport before the court below.
(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/19/12 // True Copy // PA to Judge