IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1426 of 2007()
1. M.M.ASHRAF, S/O. MOHAMMED MUSTAFA,
... Petitioner
Vs
1. COLLECTOR OF CUSTOMS,
... Respondent
2. ASSISTANT COLLECTOR,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.C.KHALID
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :04/05/2007
O R D E R
K.P.BALACHANDRAN, J.
Crl.M.C.No.1426 of 2007
Dated this the 4th day of May 2007
O R D E R
Heard the learned counsel for the petitioner and the
learned Director General of Prosecutions. The grievance that is
highlighted by the learned counsel for the petitioner is that it
was believing the customs officials that he will not be liable to
prosecution if he pays the penalty as well, over and above
confiscation of the undisclosed gold found in his possession, that
he paid the penalty as well, that, at present, marriage of his
daughter is fixed; that the bride groom is from Pune and that the
marriage is to be solemnised on 20/05/2007 at Kannur and that
in as much as warrant is pending against him from the court of
learned Additional Chief Judicial Magistrate (Economic
Offences), Ernakulam in C.C.No.119/1988 (presently
L.P.No.25/05) the petitioner will not be able to have the
marriage of his daughter performed. The grievance highlighted
by the petitioner is genuine and is not disputed by the Director
General of Prosecution. Though prayers 1 and 2 of Criminal
Miscellaneous Case do not deserve to be allowed, the petitioner
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is directed to surrender before the learned Additional Chief
Judicial Magistrate (Economic Offences), Ernakulam positively
on or before 16/5/2007. On such surrender before the learned
Additional Chief Judicial Magistrate (Economic Offences),
Ernakulam, he shall surrender his passport before the learned
Additional Chief Judicial Magistrate (Economic Offences),
Ernakulam and deposit by way of cash security an amount of
Rs.50,000/- (Rupees fifty thousand only) and execute bail bond
for an amount of Rs.50,000/- (Rupees fifty thousand only) with
two solvent sureties each for the like sums to the satisfaction of
the Additional Chief Judicial Magistrate (Economic Offences),
Ernakulam. On the petitioner complying with the above
conditions and filing an affidavit undertaking that he will not
leave India without the permission of the trial court till disposal
of the case, the learned Additional Chief Judicial Magistrate
(Economic Offences), Ernakulam shall release the petitioner on
bail. On such release, the petitioner shall invariably appear in
the court below on all posting dates of the case till its disposal
and any failure on his part to comply with the above directions
shall entail forfeiture of the cash security that may be deposited
by him in the court below and the learned Additional Chief
Crl.M.C.No.1426 of 2007 3
Judicial Magistrate (Economic Offences), Ernakulam shall also be
at liberty to consider the bail as cancelled and to proceed against
the petitioner and his sureties under Section 446 Cr.P.C.
2. This Criminal Miscellaneous Case is disposed of
granting bail as aforesaid as prayers 1 and 2 does not deserve to
be allowed.
K.P.BALACHANDRAN,
JUDGE.
jsr
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