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2020 (10) TMI 1006

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..... which he has received and cooperate with the investigation and he shall be subjected to such interrogation keeping in view his health condition as evidenced by Annexures 19 to 21. In the event of his being arrested, he shall be released on bail on the execution of a bond for ₹ 1,00,000/-, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions. - Bail Appl.No.5824 OF 2020 - - - Dated:- 19-10-2020 - THE HONOURABLE MR. JUSTICE ASHOK MENON FOR THE PETITIONER : BY ADV. SRI.NIREESH MATHEW FOR THE RESPONDENT : BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR, SC BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA ORDER The applicant apprehends arrest in a cas .....

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..... e applicant further states that he is innocent and the allegations are all untrue and he is manufacturing ornaments in Thrissur and for the purpose of manufacturing of gold ornaments, he collected gold in raw forms from various dealers in Coimbatore and that his employees were collecting gold to be handed over to the applicant in Thrissur and after making of gold ornaments it is given back to different places of jewellery in Coimbatore. The applicant has produced various documents in support of his contention regarding handing over of the gold and to indicate that prima facie it is not smuggled gold as alleged by the Customs Department. 3. On production of accused 1 and 2 before the Chief Judicial Magistrate (Economic Offences), Ernakula .....

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..... has not been challenged by the Customs Department and has now become final, there is no point in the applicant being incarcerated for the purpose of investigation as long as he is willing to cooperate with the investigation. Hence, the applicant is entitled to pre-arrest bail. In the result, the bail application is allowed and the applicant is directed to surrender before the Customs Department in pursuance of Section 108 notice, which he has received and cooperate with the investigation and he shall be subjected to such interrogation keeping in view his health condition as evidenced by Annexures 19 to 21. In the event of his being arrested, he shall be released on bail on the execution of a bond for ₹ 1,00,000/- (Rupees one lakh .....

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