Allowed

Jifsal C B v. Union of India

Kerala HC17 Sept 2020Bail Appl./4754/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed three bail applications filed by accused persons in Crime No.7 of 2020 under the KPAct. The court held that statutory bail under Section 167(2) Cr.P.C. was applicable as the prosecution had not yet filed the complaint, directing release on execution of bond with specific conditions.

What did the court decide?

Released on statutory bail on execution of bond for Rs.50,000/- each with two solvent sureties, subject to specific conditions including passport surrender and witness protection.

Jifsal C B Vs Union of India — Customs and Excise | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942

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Bail Appl..No.4753 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CMP 1591/2020 DATED 28-07-2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O), ERNAKULAM

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Customs (Preventive) Commissionerate, Cochin, Ernakulam ,Kerala Crime No 07 Of Year 2020

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PETITIONER/ACCUSED:

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MOHAMMED ABDUL SHAMEEM AGED 24 YEARS S/O.HUSSAIN, KAIVELIKKAL HOUSE, MANIPURAM P.O., VAVAD, KOZHIKKODE, KOZHIKKODE DISTRICT 673572

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682031

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2 THE SUPERINTENDENT OF CUSTOMS CUSTOMS (PREVENTIVE) COMMISSIONERATE, COCHIN, ERNAKULAM DISTRICT 682018

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R1-2 BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.09.2020, ALONG WITH Bail Appl..4754/2020, Bail Appl..4755/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.4753 OF 2020, 4754 OF 2020 & 4755 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942

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Bail Appl..No.4754 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CMP 1579/2020 DATED 28-07-2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM

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(O.R.No.7/2020 of the Customs (Preventive) Commissionerate, Cochin)

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PETITIONER/S:

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JIFSAL C B AGED 36 YEARS , S/O.USMAN KOYA, JAS MAHAL, KONKADIPARAMBA, ARTS COLLEGE P.O., KOZHIKKODE, KOZHIKKODE DISTRICT, 673018

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, 682031

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2 THE SUPERINTENDENT OF CUSTOMS CUSTOMS (PREVENTIVE) COMMISSIONERATE, COCHIN, ERNAKULAM DISTRICT 682018

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R1-R2 BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.09.2020, ALONG WITH Bail Appl..4753/2020, Bail Appl..4755/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.4753 OF 2020, 4754 OF 2020 & 4755 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942

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Bail Appl..No.4755 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CMP 1570/2020 DATED 28-07-2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM

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Customs (Preventive) Commissionerate, Cochin, Ernakulam ,Kerala Crime No 07 Of Year 2020

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PETITIONER/S:

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MOHAMMED ANWAR T M AGED 41 YEARS S/O.KAMMU, THARAMANNIL HOUSE, P.V.R. METRO VILLA, KOOMANKULAM P.O., MANJERI, MALAPPURAM DISTRICT 676123

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT/S:

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1 UNION OF INDIA REPRESENTED BY THE SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682031

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2 THE SUPERINTENDENT OF CUSTOMS CUSTOMS (PREVENTIVE) COMMISSIONERATE, COCHIN, ERNAKULAM DISTRICT

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R1-2 BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.09.2020, ALONG WITH Bail Appl..4753/2020, Bail Appl..4754/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.4753 OF 2020, 4754 OF 2020 & 4755 OF 2020

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COMMON ORDER

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[ Bail Appl..4753/2020, Bail Appl..4754/2020, Bail Appl..4755/2020 ]

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Dated this the 17th day of September 2020

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Spoke. Re-opened.

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Heard both sides.

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These applications are filed by accused Nos.9, 13

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and 14, respectively, in Crime No.7 of 2020 of

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Customs (Preventive) Commissionerate, Cochin, for

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regular bail under Section 439 of the Cr.P.C.

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The accused No.9 was arrested on 16.07.2020

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and Accused Nos.13 and 14 were arrested on

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18.07.2020. The applicants are all entitled to

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statutory bail under Section 167(2) Cr.P.C. Accused 3

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has already been granted statutory bail under Section

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167(2) Cr.P.C by the jurisdictional court. The prosecution has admittedly not filed the complaint

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and therefore, they are entitled to statutory bail

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under Section 167(2) Cr.P.C. The applicants are

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Bail Appl..Nos.4753 OF 2020, 4754 OF 2020 & 4755 OF 2020

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therefore directed to be released on statutory bail.

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In the result, the bail applications are

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allowed and the applicants are directed to be

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released on bail on the execution of bond for

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Rs.50,000/- (Rupees Fifty thousand only) each with

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two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions;

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1. They shall appear before the investigating officer on every Monday between 9 a.m. and 12 noon for a period of three months or until the

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filing of the final report, whichever is earlier.

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2. They shall surrender their passports before the investigating officer, which shall be produced before the jurisdictional court. They

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shall not go abroad without seeking permission of the Court.

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3. They shall not attempt to influence or

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intimidate the witnesses.

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Bail Appl..Nos.4753 OF 2020, 4754 OF 2020 & 4755 OF 2020

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4. They shall not get involved in similar

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offences during the currency of the bail.

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In the event of violating the bail conditions,

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the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

SPK

Jifsal C B v. Union of India

Case brief

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Jifsal C B v. Union of India

Case brief

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