IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 3435 of 2009() ------------------------- CMP.3777/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): ACCUSED NOS.1 AND 2 ---------------------------------- 1. MOHAMMED ALSAB, S/O.M.V.MOIDEEN, MANAKKAPARAMBIL HOUSE, KAIPAMANGALAM, THRISSUR DISTRICT. 2. SAJIN.C.B, S/O.SUKUMARAN, CHENAKKAPARAMBIL HOUSE, OTHUKUNNEL.P.O, KOTTAKKEL, MALAPPURAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL INTELLIGENCE UNIT, KOZHIKODE, REPRESENTED BY SPECIAL PROSECUTOR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3435 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Petitioners are accused 1 and 2 in D.R.I/CRU.4/2009 on the file of Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Prosecution case is that accused attempted to smuggle counterfeit currency notes worth Rs.72.5 lakhs through Karipur International Airport and thereby committed offences under Section 135(1)(ii) of the Customs Act. As per Annexure-A order learned Magistrate granted bail on conditions. This petition is filed under Section 482 of Code of Criminal Procedure, whereunder each surety was directed to produce bank guarantee from a Nationalised bank, for Rs.2,00,000/-. 2. Learned counsel appearing for the petitioner and learned counsel appearing for respondent were heard. 3. Learned counsel appearing for the petitioner submitted that direction to produce bank guarantee by two sureties and that too for Crmc 3435/09 2 Rs.2,00,000/- is too onerous and it is to be modified. It is submitted that instead of producing bank guarantee solvency certificate may be insisted. Learned counsel appearing for respondent submitted that the allegation against the petitioners is that they tried to smuggle counterfeit currency notes worth Rs.72.5 lakhs and in such circumstances, the condition is legal and in order. 4. On hearing the learned counsel, I do not find it just or proper to direct each of the sureties to produce bank guarantee for Rs.2,00,000/-. Instead production of solvency certificate for Rs.2,00,000/- would also be sufficient. 5. Petition is disposed modifying condition No.2 in Annexure-A order passed by Additional Chief Judicial Magistrate (Economic Offences), Ernakulam providing that instead of producing bank guarantee it would be sufficient if the sureties produces solvency certificate for Rs.2,00,000/- each. Learned Magistrate need not insist for production of separate solvency Crmc 3435/09 3 certificate by each of the sureties for both the accused, if the sureties are one and the same for both the accused. In that situation production of solvency certificate for Rs.Two Lakh each for one bond would be sufficient. M.SASIDHARAN NAMBIAR, JUDGE. uj.