IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1089 of 2008() ----------------------------- PETITIONER : ----------------- ABDUL KAREEM POKU, PALATHINKAL HOUSE, AJANUR, KANHANGAD, KASARAGOD. BY ADV. SRI.P.V.JAYACHANDRAN SRI.M.S.SAJEEV KUMAR RESPONDENTS: ------------- COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1089 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed offences punishable under the Customs Act. Interim directions were issued and the petitioner had made himself available for interrogation before the investigating officer. The learned counsel for the respondent submits that investigation has not been completed and the petitioner is required to be arrested now. 2. According to the learned counsel for the respondent, the petitioner, who was allegedly employed abroad in a rent a car firm, has imported a very costly car into India. The petitioner has not explained his source for importing the car nor has he explained the source from which he was able to pay the duty payable in respect of the vehicle. The respondent suspects tampering with the engine number and the chasis number of the car. It is suspected that the petitioner is also one of the persons who are made use of by some others for illicit import into India of cars in the name of persons like the petitioners. More detailed investigation is necessary. At this stage, the petitioner B.A.No.1089/08 2 may not be permitted to arm himself with an order of anticipatory bail. He may be permitted to surrender before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 3. The learned counsel for the petitioner submits that the petitioner is innocent. If at all there be any impropriety regarding the import of the car, proceedings can be initiated under the Customs Act and penalty, if any, may be imposed. There is absolutely no necessity to insist on the arrest and incarceration of the petitioner. In these circumstances, the petitioner may be granted anticipatory bail, it is submitted. The learned counsel for the petitioner submits that the petitioner is willing to co-operate with the investigating officers. His arrest and detention is not necessary. Appropriate directions may be issued under Section 438 Cr.P.C, it is submitted. 4. I have heard the learned counsel for the rival contestants. I find merit in the opposition by the learned counsel for the respondent. The respondent is entitled for an adequate opportunity to conduct a complete an exhaustive investigation about the circumstances under which chasis and engine numbers are suspected to be tampered. Respondent is B.A.No.1089/08 3 entitled to probe into the question why and under what circumstances the petitioner has imported the vehicle into India. 5. Having considered all the relevant inputs, I am satisfied that there are no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 6. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1089/08 4 B.A.No.1089/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007