IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 354 of 2010() ------------------------------- PETITIONERS: ----------------- 1. BALASO KAKASO NIKAM, AGED 42, S/O.KAKASO, RESIDING AT 39/3384-A, MANIKKATH CORSS ROAD, RAVIPURAM, KOCHI-17. 2. ARUN KISAN SAVANT, AGED 25, S/O.KISAN SAVANT, RESIDING AT 39/3384-A, MANIKKATH CROSS ROAD, RAVIPURAM, KOCHI-17. BY ADV. SRI.BABU PAUL RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ERANAKULAM SOUTH POLICE STATION, THEVARA. 3. THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE KOCHI UNIT, REPRESENTED BY SPECIAL PUBLIC PROSECTOR, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- ,B.A. No. 354 of 2010 ------------------------------------ Dated this the 27th day of January, 2010 O R D E R Apprehending arrest on an accusation of having committed non bailable offence, the petitioner has filed this application for bail under Section 438 of the Code of Criminal Procedure. 2. It is alleged that a quantity of 6279 grams of gold were seized from the petitioners by the police. According to the petitioners, they were legally entitled to possess the gold. 3. The learned Public Prosecutor appearing for the second respondent submitted that the articles were handed over to the Income Tax Department and that the police has not registered any crime. Sri. C.P. Udayabhanu, the Special Public Prosecutor appearing for the third respondent submitted that the Directorate of Revenue Intelligence has not obtained possession of any gold and that they have no intention to arrest the petitioners. Since respondents 2 and 3 made it clear that they have no intention to arrest the petitioners, there need not be any positive direction to them under Section 438 of the Code of Criminal Procedure. B.A. No. 354 of 2010 2 The submission made by the learned Public Prosecutor and the Special Public Prosecutor are recorded and the Bail Application is closed with liberty to the petitioners to approach this court again as and when occasion arises. K.T. SANKARAN, JUDGE ln