Kerala High Court
Aseem Mohammed Ibrahim vs The State Of Kerala on 6 January, 2020
Author: V Shircy
Bench: V Shircy
B.A.9477/2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
Bail Appl..No.9477 OF 2019
O.S. 288/2019 OF AIR INTELLIGENCE UNIT, INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM ON THE FILE OF THE COURT OF THE TEMPORARY
JUDICIAL FIRST CLASS MAGISTRATE-XI, THIRUVANANTHAPURAM AND
LIKELY TO BE TRANSFERRED TO ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT (ECONOMIC OFFECES) COURT, ERNAKULAM.
PETITIONER/ACCUSED (IN CUSTODY):
ASEEM MOHAMMED IBRAHIM
AGED 30 YEARS
TC 46/947(1), MANIKYAVILAKOM, POONTHURA P.O.
THIRUVANANTHAPURAM 695 026.
BY ADVS.
SRI.R.T.PRADEEP
SRI.S.V.PREMAKUMARAN NAIR
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTA/STATE & COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 SUPERINTENDENT OF CUSTOMS,
AIR INTELLIGENCE UNIT, AIR CUSTOMS,
INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM 695 024.
R2 BY SRI.SASTHAMANGALAM AJITHKUMAR, PP FOR
CUSTOMS,COCHIN COMMISSIONERATE
OTHER PRESENT:
SRI . SASTHAMANGALAM AJITHKUMAR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.9477/2019
2
ORDER
Dated this the 6th day of January 2020 This application is for regular bail under Section 439 of the Code of Criminal Procedure.
2. The petitioner is the accused in O.S. No. 288 of 2019 of Air Intelligence Unit, International Airport, Thiruvananthapuram registered for the offence punishable under Section 104 of Customs Act.
3. He has been in custody since 16.12.2019.
4. The prosecution allegation is that on 16.12.2019 while he landed from Sharjah to Thiruvananthapuram International Airport, respondent No.2 has detected 2964.31 gms. of gold in compound form wrapped around the waste of the petitioner and therefore he was detained and arrested.
5. The learned counsel for the petitioner has B.A.9477/2019 3 submitted that he was only a carrier for a consideration of Rs.20,000/-. Now he is ailing due to various diseases and he requires treatment. Hence, he has requested for his release on regular bail.
6. The Special Public Prosecutor has submitted that the investigation of the case is nearing completion and further detention of the petitioner is not required for filing charge sheet.
7. Considering the fact that the investigation is nearing completion, I think that the petitioner can be released on bail.
Hence, this application is allowed and the petitioner is released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the Chief Judicial B.A.9477/2019 4 Magistrate Court (Economic Offences), Ernakulam.
(ii) The passport seized by the customs authorities shall be retained in the court concerned in safe custody until further orders.
(iii) He shall be made available before the Investigating Officer for interrogation as and when required by him, in writing.
(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(v) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE sb