IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 3749 of 2009() --------------------------------- AGAINST THE ORDER DATED 23/05/2009 IN DRI/CRU/3/08 IN CMP.1935/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): ACCUSED NO.2 --------------------------------------------- ABUBACKER BIN ABDULLA NO.2317,MALAY MANSION, JALAN MASJID INDIA KUOLALAMPUR, MALAYSIA. BY ADSV. SRI.D.PEETHAMBARAN SRI.K.RAVIKUMAR RESPONDENT(S): ------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI. 2. THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, CALICUT COMMISSIONERATE, MANANCHIRA KOZHIKODE. 3. THE SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE,CALICUT. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM SRI.A.SALISH,SPL.PROSECUTER REV.INTEL FOR R3 SRI.P.VIJAYA BHANU SRI.C.P.UDAYABHANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3749 OF 2009 --------------------------------------------- Dated 28th September, 2010 O R D E R Petitioner, the accused in DRI/CRU/3/2008 of Directorate of Revenue Intelligence, Kozhikode was released on bail by Annexure-A1 order on conditions. Later third condition was modified by Annexure-A2 order. Petition is filed under Sections 439(1) (b) and 482 of Code of Criminal Procedure to lift all the conditions. 2. Learned counsel appearing for the petitioner and learned Special Public Prosecutor were heard. 3. Learned Special Public Prosecutor submitted that the investigation is completed and final report/complaint is prepared and sent for approval to the Head Quarters and immediately on receipt, complaint/final report Crmc 3749/09 2 will be submitted. Learned counsel appearing for the petitioner submitted that there is no necessity to continue the conditions in the bail order as investigation is over. 4. First condition in Annexure-A1 order is that petitioner shall not leave Kerala except with the permission of the Senior Intelligence Officer, Kozhikode. By Annexure-A2 order that condition was retained. By the said condition petitioner was not prevented or restrained from leaving Kerala. What is provided is only that permission from the Senior Intelligence Officer is to be sought. Petitioner has no case that he sought permission and it was denied. In such circumstances, I do not find it necessary at this stage to lift that condition. Second condition was that passport shall not be released until further orders. Petitioner has Crmc 3749/09 3 not sought direction to release the passport. More over, if passport is released at this stage, there is no guarantee that petitioner would be available for trial. Hence that condition cannot be lifted. Third condition as modified is directing the petitioner to appear before the Investigating Officer once in every month. In view of the submission that investigation has already over, that condition is lifted. ` Petition is disposed lifting the third condition in the bail order. In view of the submission, third respondent is directed to submit the final report/complaint expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.