IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 367 of 2009() ------------------------ DRI/CRU/5/08 of DIRECTOR OF REVENUE INTELLIGENCE, CALICUT NOW PENDING AS C.NO.VIII/10/18/08-Cus.Adj. PETITIONER(S): --------------- SAMEER KADAM KUNNUMMAL, S/O. MOHAMMED PALLIKANDIYIL, H. NO. 1/174, KUNHIKADAM KUNNUMMAL, POOKOM, PANOOR POST, KANNUR - 670 692. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. JOINT COMMISSIONER (CUSTOMS), CALICUT. 2. ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT. 3. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE FOR R1 PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.367 of 2009 ---------------------------------------- Dated this the 28th day of January 2009 O R D E R The petitioner who faced allegations under the Customs Act was granted bail as per order dated 19/9/2008 passed by the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Bail was granted subject to conditions. Inter alia there was a direction that the petitioner must surrender his passport. But the passport was available with the Customs Officials, the same having been seized from the possession of the petitioner. Thus, the passport is now with the customs authorities. 2. The petitioner has been complying with the conditions. The short request of the petitioner in this petition is to permit him to take the passport from the customs officers on condition that he shall deposit the same before the court within a period of ten days of the date on which the same is released to him. According to the petitioner, he is employed abroad and to ensure that he does not lose his job, he is obliged to appear before his employer immediately. Any appropriate conditions Crl.M.C.No.367/09 2 may be imposed. The petitioner shall ensure that he takes back the passport and surrenders the same before court within a period of ten days from the date on which it is released to him. 3. The application is opposed by the learned counsel for the respondent; but notwithstanding the opposition, I am satisfied that the prayer can be allowed subject of course to appropriate conditions which shall ensure that the petitioner surrenders the passport back within a period of ten days from the date on which it is released to him. 4. In the result, this petition is allowed. The passport shall be released by the respondent to the petitioner on the following terms and conditions: i) He shall execute a further bond of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to reproduce the passport before the learned Magistrate within a period of ten days from the date on which the passport is released to him on the strength of this order. ii) The petitioner shall, in addition, make a further cash deposit of Rs.1,00,000/- (Rupees one lakh only) before taking Crl.M.C.No.367/09 3 back the passport. It shall be released to the petitioner on his surrendering the passport as per the condition imposed above. 5. If the petitioner executes the bond and deposits the cash security as directed above, the learned Magistrate shall direct the respondent to release the passport to the petitioner, whereupon it shall forthwith be released to the petitioner. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.367/09 4 Crl.M.C.No.367/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008