Mohammed Sabith P.P. vs. Union Of INDIA

Bail Appl./8413/2021HC KeralaGSTCNR KLHC01060048202115 December 2021Bench: HONOURABLE MRS. JUSTICE SOPHY THOMAS3 pages

For Petitioner: V.G.ARUN (K/795/2004), V.JAYA RAGI, NEERAJ NARAYAN, R.HARIKRISHNAN (KAMBISSERIL)For Respondent: S.MANU, SASTHAMANGALAM S. AJITHKUMAR

AI SummaryDismissed

Held

The High Court noted that the petitioners were not yet accused and their apprehension was misconceived. The application was closed with a direction that if their presence is needed for investigation, fresh summons would be issued, which they must honor.

Facts

The petitioners filed an application for anticipatory bail under Section 438 Cr.P.C. after receiving summons from the Customs Department. The Customs Department objected, stating that the petitioners had not yet been arrayed as accused.

Key Issues

Whether anticipatory bail can be granted to individuals who have received summons from the Customs Department but have not yet been formally arrayed as accused.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 15TH DAY OF DECEMBER 2021/24TH AGRAHAYANA, 1943 BAIL APPL. NO. 8413 OF 2021 PETITIONERS: 1 MOHAMMED SABITH P.P. S/O.ABDU SAMAD, SWALIHA MANZIL, UDIYIL POST, PADIKKACHAL, THALASSERY, KANNUR - 670 702. 2 SHAFEEK S/O.ABDU RAHIMAN, MURUKKANCHERI, VILAKKODE, IRITTY, MUZHAKKUNNU, KANNUR - 670 703. BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI NEERAJ NARAYAN R.HARIKRISHNAN (KAMBISSERIL) RESPONDENTS: 1 UNION OF INDIA REPRESENTED THROUGH ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110 015. 2 SUPERINTENDENT OF CUSTOMS CUSTOMS PREVENTIVE & NARCOTICS UNIT-II, GST BHAVAN, 7TH FLOOR, STATUE, THIRUVANANTHAPURAM - 695 001. BY ADVS. S.MANU SASTHAMANGALAM S. AJITHKUMAR OTHER PRESENT: SMT MAYA M N, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A No.8413 of 2021 2 SOPHY THOMAS, J. ------------------------------------ Bail Application No.8413 of 2021 ------------------------------------ Dated this the 15th day of December, 2021

This is an application for anticipatory bail under Secti

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.