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ISMAIL, S/O. KUTTYASSAN v. STATE OF KERALA - Bail Appl No. 5032 of 2007  RD-KL 16073 (20 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 5032 of 2007()
1. ISMAIL, S/O. KUTTYASSAN,
2. RAFEEQUE, S/O. MUHAMMED,
1. STATE OF KERALA,
For Petitioner :SRI.P.SANJAY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.B.A. No. 5032 OF 2007
Dated this the 20th day of August, 2007
ORDERApplication for regular bail. The petitioners are accused 1 and 2. Altogether, there are two accused persons. A crime was registered after arresting the petitioners under suspicious circumstances. They were found in possession of a huge amount of Rs.61,70,500/- without any valid documents. They were taken into custody on 24/7/07. They continue in custody from that date. The F.I.R. is registered only under Sec.41(1) (d) of the Cr.P.C.
2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. According to the petitioners, they have valid explanation as to how they were in possession of this huge quantity of Indian currency notes. In these circumstances, the continued detention of the petitioners is absolutely unnecessary. They may now be enlarged on bail, B.A. No. 5032 OF 2007 -: 2 :- prays the learned counsel for the petitioners.
3. The learned Public Prosecutor does not oppose the said prayer. The learned Public Prosecutor submits that the seized currency notes as well as all the relevant documents have been handed over to the officials of the Enforcement Directorate. It is for them to take necessary action under the Foreign Exchange Maintenance Act. The police have now no objection against the release of the petitioners on bail subject to appropriate conditions, submits learned Public Prosecutor. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions.
4. In the result:
(a) The application is allowed.
(b) The petitioners shall be released on bail on the following terms and conditions:
(i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one laksh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) In such bonds, they shall undertake to appear before the learned Magistrate, the Investigating Officer or the B.A. No. 5032 OF 2007 -: 3 :- Officials of the Enforcement Directorate as and when directed by them in writing to do so. Sd/-
(R. BASANT, JUDGE)Nan/ //true copy// P.S. to Judge
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