Kerala High Court
Safna Abdu Samad vs The Superintendent Of Customs ... on 10 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
BAIL APPL. NO. 4067 OF 2022
(OS NO.129/2022 OF THE AIR INTELLIGENCE UNIT, KARIPUR MALAPURAM)
PETITIONER/ACCUSED:
SAFNA ABDU SAMAD, AGED 38 YEARS
D/O.UMMER SAIVAN, KUTTIKKODAN HOUSE,
AMMINIKKAD P.O., PERINTHALMANA,
MALAPPURAM DISTRICT, , PIN - 679332.
BY ADV K.RAKESH
RESPONDENT/UNION OF INDIA:
THE SUPERINTENDENT OF CUSTOMS (INTELLIGENCE)
AIR INTELLIGENCE UNIT, AIR CUSTOMS,
CALICUT INTERNATIONAL AIRPORT, KARIPUR,
MALAPPURAM DISTRICT, , PIN - 673647.
ASG SRI.S.MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4067 OF 2022
2
ORDER
This is an application for regular bail.
2. Petitioner is the accused in O.S.No.129 of 2022 of the Air Intelligence Unit, Karipur, Malappuram District, alleging commission of offence punishable under Section 135 of the Customs Act, 1962.
3. The prosecution allegation is that on 29.04.2022 at about 10.50 pm, the accused was intercepted by the Air Customs at Calicut International Airport and found in possession of 3640 Grams of Gold in mixture form and when melted, 25 Ct. gold weighing 3099 Grams was recovered and thereby the petitioner committed the aforesaid offence.
4. Learned counsel for the petitioner submitted that the petitioner was arrested on 29.04.2022 and she is in custody since then and that she is a pregnant woman and that she has no other criminal antecedents. She moved an application for BAIL APPL. NO. 4067 OF 2022 3 bail before the Additional Chief Judicial Magistrate (EO), Ernakulam as C.M.P.No.1293 of 2022 and the same was rejected as per Annexure-A order.
5. Learned Standing Counsel Satheesh Chandradasan appearing for the Customs seriously opposed the bail application.
6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is in custody from 29.04.2022 onwards, 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) Petitioner shall appear before the investigating officer in in O.S.No.129 of 2022 of the Air Intelligence Unit, Karipur, Malappuram District, on every Saturday at 11 am, until filing of final report;
BAIL APPL. NO. 4067 OF 2022 4
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in O.S.No.129 of 2022 of the Air Intelligence Unit, Karipur, Malappuram District.
(iv) The petitioner shall surrender her passport before the jurisdictional court. If the petitioner does not have a passport, she 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.S.No.129 of 2022 of the Air Intelligence Unit, Karipur, Malappuram District, may file an application before the jurisdictional court, for cancellation of bail.
sd/-
VIJU ABRAHAM JUDGE R.AV