IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3412 of 2010() ------------------------- OR.4/2008/DRI/CRU/KOZHIKKODE of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------------- 1. MOHAMMED ALSAB, S/O.M.V.MOIDEEN, MANAKKAPARABIL HOUSE, KAIPAMANGALAM THRISSUR DISTRICT. 2. SAJIN C.B., S/O. SUKUMARAN, CHENAKKAPARAMBIL HOUSE, OTHUKKUNNEL P.O. KOTTAKKEL, MALAPPURAM DISTRICT. BY ADV. SRI.M.SHYJU RESPONDENT(S): COMPLAINANT -------------------------- SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE REGIONAL INTELLIGENCE UNIT, KOZHIKODE REPRESENTED BY SEPCIAL PROSECUTOR. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3412 OF 2010 -------------------------------------- Dated this the 19th day of August, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in O.R No.4/08/DRI/CRU/Kozhikkode for an offence punishable under Section 135(1) (ii) of the Customs Act 1962, seek to quash Annexures-III and IV notices issued by the learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam in CMP No.3777/2009 and also seek a direction to grant bail to the petitioners. 2. Petitioners were granted bail by the Court below on 12.10.2009 on their executing a bond for Rs.2,00,000/- with two solvent sureties and the sureties were directed to produce solvency certificate. In purported compliance of the said direction petitioners executed the bond. Subsequently, it was noticed that the solvency certificate and tax receipts produced by the sureties of the petitioners were forged documents. Thereupon, the learned Magistrate cancelled the bail and issued Annexures-III and IV notices to the petitioners and sureties. It is the said notices which are assailed in this Criminal M.C. Crl.M.C. No. 3412 OF 2010 : 2 : 3. I am not inclined to interfere with the matter, which calls for a detailed probe. This Criminal M.C is accordingly dismissed without prejudice to the right of the petitioners to raise all their defences before the learned Magistrate. V.RAMKUMAR, JUDGE dmb