Kerala High Court
Mohammed Nabeel vs State on 24 September, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941
Bail Appl..No.6789 OF 2019
CRMC 1979/2019 DATED 06-09-2019 OF II ADDITIONAL DISTRICT
COURT,ERNAKULAM
CMP 3677/2019 DATED 04-09-2019 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE (E&O),ERNAKULAM
O.S.NO.211/2019, SUPERINTENDENT OF CUSTOMS, AIR INTELLIGENCE UNIT,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
MOHAMMED NABEEL
AGED 21 YEARS
S/O.MUHAMMED BASHEER, 46/692/6, SB MANZIL,
NEAR BEEMAPALLI, MANIKYAVILAKAM, JAWAHARPALLI ROAD,
MUTTATHARA, VALLAKADAVU.P.O.,
THIRUVANANTHAPURAM-695008.
BY ADVS.
SRI.N.KRISHNA PRASAD
SRI.N.ANAND
SRI.BIJITH S.KHAN
RESPONDENT/COMPLAINANT:
STATE,
REPRESENTED BY THE SUPERINTENDENT OF CUSTOMS,
AIR INTELLIGENCE UNIT, AIR CUSTOMS,
INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM-695 024.
R1 BY SRI.SASTHAMANGALAM AJITHKUMAR,
SR PUBLIC PROSECUTOR FOR CUSTOMS,COCHIN
COMMISSIONERATE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6789 OF 2019 2
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicant herein is the 1st accused in O.S.No.211 of 2019 of the Customs, Air intelligence Unit, Thiruvananthapuram, registered under Section 135 of the Customs Act, 1962.
3. On 24.08.2019, based on reasonable belief, Air Intelligence Unit of Airport, Thiruvananthapuram had intercepted the applicant, who arrived by Air Arabia flight, and a search was conducted. 2773.42 gms of 24 carat gold valued at Rs.1,03,72,591/- was found concealed by the accused in compound form. During interrogation, the applicant is alleged to have admitted that he had collected the three polythene packets which contained the gold in compound form from a person named Shri.Shihab who was introduced to him by his friend named Shri.Nithin Philip. The assayer issued certificate to the effect that the 8 yellow coloured metal bars which weighed 2773.42 gms are gold of 24 carat purity and the total market value of the gold recovered on that day, i.e., on 24.08.2019, was Rs.1,03,72,591/- (@ Rs.3740/- per gram. The applicant was arrested and he was produced before the jurisdictional court on 24.08.2019. Bail Appl..No.6789 OF 2019 3
4. The learned counsel appearing for the applicant submitted that the applicant is a young man aged 21 years with no criminal antecedents. He is studying for Diploma in Interior Design and he was made a pawn by a known person. Referring to Annexure-I mahazar, it is submitted that a detailed search was conducted in his residential home and no incriminating materials were seized. He would further urge that Nithin Philip, who is arrayed as the 2nd accused, has been enlarged on bail by the jurisdictional court. It is submitted that the application for bail was dismissed on 06.09.2019 to enable the respondents to conclude the investigation. Much headway has been achieved thereafter and the passport of the petitioner has also been impounded.
5. Opposing the prayer, the learned Special Public Prosecutor submitted that the role and whereabouts of Davood Sulaiman is being investigated and unless it is properly ascertained, the investigation cannot be taken to its logical conclusion. Apprehension is also expressed that the applicant would tamper with the evidence and would influence the persons who are likely to provide vital clues.
6. I have considered the submissions advanced and have perused the records. From the statement it appears that substantial part of the investigation is complete. Though some reference is made Bail Appl..No.6789 OF 2019 4 to the room mate of Nithin Philiip at Sharjah, the mere fact that he has not been arrested till date cannot be a reason to deny bail to the applicant. In the facts and circumstances, I am of the view that the applicant can now be enlarged on bail on stringent conditions.
7. In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of three months or till final report is filed, whichever is earlier.
2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
3).He shall not commit any similar offence while on bail.
4). He shall not leave the State of Kerala without prior permission from the court having jurisdiction.
5). He shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the Bail Appl..No.6789 OF 2019 5 jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP