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DR.SHANMUGHA SUNDARAM versus SENIOR INTELLIGENCE OFFICER

High Court of Kerala

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DR.SHANMUGHA SUNDARAM v. SENIOR INTELLIGENCE OFFICER - Bail Appl No. 1203 of 2007 [2007] RD-KL 5182 (12 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1203 of 2007()

1. DR.SHANMUGHA SUNDARAM,
... Petitioner

Vs

1. SENIOR INTELLIGENCE OFFICER,
... Respondent

For Petitioner :SRI.D.PEETHAMBARAN

For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG

The Hon'ble MR. Justice V.RAMKUMAR

Dated :12/03/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 1203 OF 2007 A ````````````````````````````````````````````````````

Dated this the 12th day of March, 2007

O R D E R

Petitioner, who is the accused in Reference No.DRI/CHN/VIII/10/01/07 of Directorate of Revenue Intelligence, Kochi for an offence punishable under Sec.135(1)(a) of the Customs Act, 1962 for allegedly trying to export red sandal logs by substituting the consignment of T-shirts with the said contraband logs enrouting movement at Salem, seeks his enlargement on bail.

2. Eventhough Sri.John Varghese, learned Assistant Solicitor General, opposed the application, the fact remains that the final report has not been filed even after 60 days of detention of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate(Economic Offences), Ernakulam and subject to the following conditions:

a. Petitioner shall stay within the limits of the Corporation of Cochin until further orders and shall furnish his residential address to the Senior Intelligence Officer, D.R.I., Kochi. BA.1203/07

b. Petitioner shall surrender his passport before the said Magistrate before executing the bail bond.

c. Petitioner shall report before the Senior Intelligence Officer, D.R.I., Kochi between 9 a.m. and 11 a.m. on all Wednesdays.

d. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

e. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above.

(V. RAMKUMAR, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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