Gold smuggling case: Kerala HC grants bail to 3 accused

Bail given in Customs case; with NIA case still on, trio will remain in jail

Updated - September 18, 2020 07:52 am IST

Published - September 17, 2020 07:15 pm IST - KOCHI

Kerala High Court. File

Kerala High Court. File

The High Court on Thursday granted bail to three accused in the diplomatic package gold smuggling case registered by the Customs.

The court passed the order while allowing the bail petitions filed by T.M. Muhammed Anwar, M. Muhammed Abdu Shameem, and Jafsa, the 9th, 13th, and 14th accused in the case. However, the accused will not be released from the prison on the basis of the order since the case is being investigated by the National Investigation Agency too.

The charge against them is that they had hatched a criminal conspiracy and abetted gold smuggling. The petitioners argued that the investigation was over and no purpose would be served by further detaining them in custody.

The court observed that the accused were entitled to statutory bail under Section 167(2) Cr.PC as the prosecution had failed to file a final report. K.T. Rameez, third accused, had already been granted statutory bail by the sessions court.

Conditions

The court ordered that the accused be released on bail on the execution of a bond for ₹50,000 each with two solvent sureties, each for the like amount. The other conditions were that they should appear before the investigating officer on every Monday between 9 a.m. and 12 p.m. for three months or until the filing of the final report, whichever was earlier. They should surrender their passports to the investigating officer, which should be produced before the jurisdictional court. They should not go abroad without the court’s permission.

Customs’ argument

Opposing the bail pleas, the Customs had argued that the accused had confessed to their role in a smuggling network engaged in importing gold illegally by misusing diplomatic privileges. The petitioners were part of a large network of individuals indulging in economic crimes.

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