IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4063 of 2008() ------------------------- CMP.4973/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): PETITIONER/ACCUSED NO.2 ------------------------- KAMALUDHEEN K.N. S/O.HASSAINAR, AGED 38 YEARS KEERIYAMPARAMBIL HOUSE, PAVARATTY VILLAGE CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT/STATE: --------------- THE SENIOR INTELLIGENCE OFFICER THE DIRECTOR OF REVENUE INTELLIGENCE KOCHI. SC DRI SRI.C.P.UDAYABHANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4063 of 2008 ---------------------------------------- Dated this the 31st day of October 2008 O R D E R The petitioner faces allegations under Section 135 of the Customs Act. Huge quantity of counterfeit currency notes was allegedly imported illicitly by the first accused. The petitioner, it is alleged, was a conspirator of such illicit import. The petitioner was apprehended. He was ordered to be released subject to conditions. He remains in custody from 03/05/2008. The learned Additional Chief Judicial Magistrate granted bail to the petitioner as per order dated 25/9/2008. The conditions imposed by the learned Magistrate stand modified by the later order of the learned Sessions Judge. The petitioner is now obliged to execute a bond with two solvent sureties. It is not necessary to refer to the other conditions. The petitioner raises objection only to the stipulation that the sureties have to produce solvency certificates. 2. The learned counsel for the petitioner submits that the petitioner is now in custody. He is languishing in prison from 03/05/2008. Though bail has been granted to him, he is unable to comply with the condition that the sureties must produce solvency certificates. There is no one to look after his affairs. If the petitioner secures release from the court, within a stipulated time Crl.M.C.No.4063/08 2 after his release, he shall ensure that the sureties with solvency certificates are produced before the learned Magistrate. But the petitioner may not be compelled to remain in custody any longer for the reason that the sureties are not able to produce solvency certificates. The learned counsel for the petitioner points out that adequate conditions are imposed. There is insistence on bank guarantee for an amount of Rs.2,00,000/- already. 3. Notice was given to the learned Standing Counsel for the Directorate of Revenue Intelligence. The learned Standing Counsel, in response to a query by this court, accepts that the petitioner can be given time to ensure production of solvency certificates of the sureties within a stipulated time after his release. 4. This petition is in these circumstances allowed. The condition that the sureties must produce solvency certificates shall not be enforced by the learned Magistrate now. If the sureties are otherwise found to be acceptable, the learned Magistrate shall grant the petitioner and the sureties further time of 45 days from the date of release of the petitioner from custody to produce solvency certificates of such sureties or other sureties with solvency certificates. (R.BASANT, JUDGE) jsr Crl.M.C.No.4063/08 3 Crl.M.C.No.4063/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008