IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2824 of 2010()
1. K.GOPINATH, NERIATHARAYIL PUTHEN VEEDU,
... Petitioner
Vs
1. SENIOR INTELLIGENCE OFFICER,
... Respondent
For Petitioner :SRI.R.KRISHNA RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/05/2010
O R D E R
K.HEMA, J.
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Bail Application No.2824 of 2010
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Dated 24th May, 2010.
O R D E R
This petition is for bail.
2. According to prosecution, petitioner was intercepted
with about Rs.24,00,000/- of fake Indian currency notes in his
baggage, while he was coming out of the Airport. Two persons
were waiting to receive the contraband articles, but petitioner
supplied fake address and details relating to those persons also.
Petitioner was arrested on 10.3.2010.
3. Learned counsel for the petitioner submitted that
petitioner jumped visa and as per the procedure in Gulf countries,
petitioner will have to report before the Labour Officer and
accordingly, he reported and he was arrested. Prior to this, he had
to entrust baggage with some other persons. Before boarding
flight to India, the baggage was returned to petitioner at the
Airport and he got hardly any time to verify the contents of the
baggage. Petitioner was trapped into this offence and he is totally
innocent of the allegations made, it is submitted. He had given
the details of the persons, who had given the baggage at the
Airport, with their photographs and phone numbers. If they are
BA NO.2824/10 2
questioned, his innocence will be revealed, but respondent is not
prepared to question them. No purpose will be served by putting
petitioner in jail. He has completed statutory detention in the
prison and 60 days are over. Learned counsel for the petitioner
submitted that petitioner is taking steps against the proceedings
under the COFEPOSA Act.
4. Learned Public Prosecutor submitted that petitioner
is in custody under the COFEPOSA Act and even if petitioner is
granted bail, it is of no use. However, it is conceded that
investigation is not over and the statutory period of detention is
over. If bail is granted, it may be on stringent conditions, it is
submitted.
5. On hearing both sides, I am satisfied that bail can
be granted on stringent conditions. Hence, the following order is
passed :
Petitioner shall be released on bail on his executing
bond for Rs.50,000/- (Rupees fifty thousand only)with
two solvent sureties each for the like sum to the
satisfaction of the court concerned, on the following
BA NO.2824/10 3
conditions :
(i) Petitioner shall report before the
Investigating Officer on every Monday
and Thursday between 10 a.m. and 1
p.m., until further orders.
(ii) Petitioner shall surrender his passport
before the Magistrate concerned, within
seven days from today.
(iii) Petitioner shall not influence or
intimidate any witness or tamper with
evidence.
Petition is allowed.
K.HEMA, JUDGE.
tgs