IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 354 of 2010()
1. BALASO KAKASO NIKAM,
... Petitioner
2. ARUN KISAN SAVANT, AGED 25,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE SENIOR INTELLIGENCE OFFICER,
For Petitioner :SRI.BABU PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/01/2010
O R D E R
K.T. SANKARAN, J.
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,B.A. No. 354 of 2010
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Dated this the 27th day of January, 2010
O R D E R
Apprehending arrest on an accusation of having committed
non bailable offence, the petitioner has filed this application for
bail under Section 438 of the Code of Criminal Procedure.
2. It is alleged that a quantity of 6279 grams of gold were
seized from the petitioners by the police. According to the
petitioners, they were legally entitled to possess the gold.
3. The learned Public Prosecutor appearing for the second
respondent submitted that the articles were handed over to the
Income Tax Department and that the police has not registered
any crime. Sri. C.P. Udayabhanu, the Special Public Prosecutor
appearing for the third respondent submitted that the Directorate
of Revenue Intelligence has not obtained possession of any gold
and that they have no intention to arrest the petitioners. Since
respondents 2 and 3 made it clear that they have no intention to
arrest the petitioners, there need not be any positive direction to
them under Section 438 of the Code of Criminal Procedure.
B.A. No. 354 of 2010 2
The submission made by the learned Public Prosecutor and
the Special Public Prosecutor are recorded and the Bail
Application is closed with liberty to the petitioners to approach
this court again as and when occasion arises.
K.T. SANKARAN, JUDGE
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