Kerala High Court
Abdul Azeez Babu vs Nil on 9 June, 2011
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2012/21ST MAGHA 1933
Crl.MC.No. 325 of 2012 (A)
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AGAINST THE ORDER/JUDGMENT IN CRMC.1661/2011 DATED 09-06-2011
CRMC.NO.757/2011 IN CRMC.729/2011 of D.C. & SESSIONS COURT, ERNAKULAM
PETITIONER(S)/2ND ACCUSED:
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ABDUL AZEEZ BABU
RICHY RICH EXPORTS, 5/268, UMC
MARKET, OOTY, TAMIL NADU.
BY ADVS.SRI.V.JOHN SEBASTIAN RALPH
SRI.K.J.JOSEPH (ERNAKULAM)
SMT.SANJANA R.NAIR
COMPLAINANT(S)/COMPLAINANT:
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1 STATE OF KERALA
REPRESENTED BY THE SUPT.OF CUSTOMS AIR INTELLIGENCE UNIT
COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERRY, KOCHI
(CR.NO.S/14/12/2011) REPRESENTED BY ITS SPECIAL
PUBLIC PROSECUTOR
HIGH COURT OF KERALA, COCHIN-31.
R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 325 of 2012 (A)
APPENDIX
PETITIONER(S) ANNEXURES :-
ANNEXURE 1- ORDER DATED 04.06.2011 IN CRL.M.C.NO.729/2011 OF
SESSIONS COURT, ERNAKULAM.
ANNEXURE 2- RECEIPT DATED 08.06.2011.
ANNEXURE 3- RECEIPTS SHOWING THE PLEDGING OF GOLD ORNAMENTS.
ANNEXURE 4- ORDER OF CRL.M.C.NO.1661/2011 DATED 09.06.2011 ON THE
FILE OF HON'BLE HIGH COURT OF KERALA.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE
amk
P.S.GOPINATHAN, J
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Crl.M.C.No. 325 OF 2012
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Dated this the 10th day of February, 2012.
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, the 2nd accused in O.P.No.S/14/42/2011 of Customs Air Intelligence Unit, Cochin seeks an order to modify the condition in Annexure A1, an order in Crl.M.C.No.729/2011 granting bail to the petitioner. One of the condition is that the petitioner shall deposit Rs.5,00,000/- in addition to the execution of the bond for Rs.5,00,000/- with two solvent sureties. According to the petitioner, he is not in a position to deposit that amount and to get him released on bail, he had to pledge the gold ornaments of his wife and the amount is now deposited. Therefore, she seeks an order to modify that condition. By Annexure A4 order in Crl.M.P.No.1661/2011, the condition imposed against them first accused was modified by this court.
In the above circumstance, I find no reason to have a divergent approach in the case of the petitioner. Therefore, this Crl.M.C.No. 325 OF 2012 2 petition is allowed. The operative portion of Annexure A1 order of the Sessions Judge, Ernakulam would stand modified as directing the petitioner to execute a bail bond for Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) instead of Rs.5,00,000/- (Rupees Five Lakhs only). The condition to deposit Rs.5,00,000/- (Rupees Five Lakhs only) is deleted. In the event of the petitioner executing a bail bond for Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) with two solvent sureties each for the like amount. The amount of Rs.5,00,000/-(Rupees Five Lakhs only) deposited by the petitioner shall be returned.
P.S.GOPINATHAN, JUDGE amk