IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5657 of 2007()
1. N.P.THAFSAL, S/O.LATE K.P.USMAN,
... Petitioner
Vs
1. SENIOR INTELLIGENCE OFFICER,
... Respondent
2. COLLECTOR OF CUSTOMS, COCHIN.
3. STATE OF KERALA,
For Petitioner :SRI.C.KHALID
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2007
O R D E R
R. BASANT, J.
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B.A.No. 5657 of 2007
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Dated this the 17th day of September, 2007
O R D E R
Application for regular bail. The petitioner faces allegations
under Section 489B & C I.P.C. The crux of the allegations against
the petitioner is that he had gone to the Airport at Calicut along with
the co-accused with his car as requisitioned by the said co-accused.
The said co-accused had information that a person was coming to
India by flight. That person was asked by some one to take the
traveller from abroad to his place and collect the baggage from him.
The baggage allegedly contained counterfeit currency notes for an
amount of about Rs.15 lakhs. The petitioner and the other co-
accused were arrested by the officials of the D.R.I. on 19.6.2007. He
continued in custody from that date and was ultimately released as
per order dt. 22.8.07 passed by this Court.
2. Subsequently, the local police have registered a crime under
Section 489B & C I.P.C. The petitioner was arrested on 5.9.07 and
he continues in custody from that date.
3. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. Even if the entire allegations were
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accepted, there is no semblance of materials even remotely to suggest that
the petitioner had contumacious knowledge that the person coming from
abroad was carrying counterfeit currency notes. The petitioner did not also
have any specific role assigned to him to collect the baggage from the said
passenger. The petitioner had only gone along with the co-accused at his
requisition with the car.
4. The learned counsel for the petitioner prays, the learned
Prosecutor does not oppose the said prayer and I am satisfied that the
petitioner can now be directed to be enlarged on bail subject to appropriate
terms and conditions. I am satisfied that the petitioner can now be
enlarged on bail subject to appropriate terms and conditions.
5. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms and
conditions.
(a) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like sum to be satisfaction of
the learned Magistrate.
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(b) He shall make himself available for interrogation before the
Investigating Officer between 10 a.m. and 12 noon. on all Saturdays for a
period of two months and thereafter as and when directed by the
Investigating Officer in writing to do so.
(R. BASANT)
Judge
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