IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3685 of 2008() ------------------------- AGAINST THE ORDER DATED 10/09/2008 IN CMP 4972/08 IN DRI/CHN/VIII/10.09.08 IN CMP.4973/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONERS: IST ACCUSED -------------------------------- THAJUDEEN.K.K, S/O. K.P. MOHAMMED KUNHI, KAMMADATH HOUSE, PARAPPA, KAMMADAM.P.O, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT: COMPLAINANT -------------------------------- THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, COCHIN. ADV. SRI.C.P.UDAYABHANU.,S.C.,DRI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3685 OF 2008 ----------------------------------------------- Dated this the 6th day of October, 2008 O R D E R Petitioner is the first accused and he faces allegations under Section 135 of the Customs Act. The crux of the allegation being that he is responsible for illegal importing of Rs.20lakhs of counterfeit Indian currency. He remains in custody from 03.05.08. He was ordered to be detained under COFEPOSA. But on account of technical problem that order has been revoked. He was granted bail by default, as investigation could not be completed within the statutory period. Under such circumstance bail was granted subject to conditions. 2. The petitioner has come to this Court with a grievance that one of the conditions imposed is too onerous and virtually what was given with the left hand has been snatched away by the right hand. The main objection raised is to the condition that the petitioner must produce bank guarantee for an amount of Rs.5lakhs from any nationalized bank. Learned counsel for the petitioner submits that sitting in prison the petitioner is unable to ensure compliance with that condition. Imposition of such Crl.M.C. No. 3685 OF 2008 2 condition would virtually deny the right of the petitioner to be released on bail. Learned counsel for the petitioner further submits that at any rate safeguards are insisted and ensured by other conditions imposed. In these circumstances it is not necessary to insist on the condition of bank guarantee from a nationalized bank for Rs.5 lakhs. Learned counsel for the petitioner points out that the fact that the petitioner has remained in custody from 03.05.08 and is unable to produce bank guarantee as demanded by the learned Magistrate even now, reveals that it is a genuine case of inability of the petitioner to produce the bank guarantee. The bank guarantee amount may be reduced at least to Rs.1 lakh so that the petitioner can try to satisfy the same and claim his liberty. But the learned Standing Counsel for the DRI submits that the investigation is not complete and more time will be consumed to finalise the final report/complaint. The allegations raised are serious and learned Magistrate is justified in insisting on appropriate safeguards. But, I take note the plea of the petitioner and I am satisfied that the bank guarantee amount can be reduced. Bond is demanded for an amount of Rs.2 lakhs and I Crl.M.C. No. 3685 OF 2008 3 am satisfied that the bank guarantee can also be limited to Rs.2 lakhs. In the result: a) This petition is allowed. b) While upholding all other conditions imposed, the condition that the petitioner must furnish bank guarantee from a nationalized bank for Rs.5 lakhs is reduced to Rs.2 lakhs. R. BASANT, JUDGE ttb H/o Crl.M.C. No. 3685 OF 2008 4 Crl.M.C. No. 3685 OF 2008 5