Bangalore Court grants Bail to person accused of illegally Exporting Antique which is Idol of Lord Vishnu [Read Order]

Bangalore Court - bail - illegally exporting antique - Taxscan

The Bangalore Court granted bail to the person accused of illegally exporting an antique idol of Lord Vishnu.

The accused was arrested by the Inspector of Customs, Delhi Customs Preventive at Delhi and he was produced before the Magistrate, Patiala House Courts, Delhi and obtained a transit warrant and then the accused was brought to Bangalore and after recording his statement and is produced before this court by the complainant. The allegation against the accused is that he was illegally exporting the antique which is said to be the idol of Lord Vishnu. On being satisfied with the grounds urged in the remand application, the accused was sent to judicial custody.

The accused filed a bail application under section 437 of Cr.P.C. seeking regular bail on the ground that he is innocent and has not committed the alleged offence. There is no material to the effect that the accused participated in the commission of the alleged offence. The idol in question is not antique as alleged by the complainant, but only an antique look is given to the same so as to fetch more prices in the international market. The alleged report/certificate given by the concerned authority stating that the idol is antique is not in accordance with the law. The accused is a permanent resident of Delhi, thus, the apprehension that the accused may flee or obstruct the administration of justice in any manner has no basis. The offence alleged against the accused is though non-bailable, it is not punishable with death or life imprisonment. The accused has no bad antecedents. Accused is ready and willing to abide by all such terms and conditions likely to be imposed.

The complainant filed the objection by reiterating the case and contended that the offence committed by the Accused is punishable for up to 7 years. The offence committed by the accused is serious in nature. The accused did not cooperate with the investigation process and he failed to appear before the I.O and dishonoured the summons issued to him on several occasions.

The presiding officer of the special court, Preeth held that the accused is released on bail, subject to executing the personal bond for Rs.1,00,000/- and furnishing one solvent surety for like sum or cash security of Rs.50,000/- on the conditions that Accused shall cooperate with the investigation of the case if any and appear before the I.O. whenever called upon. Accused shall produce the documents or any other material evidence in his custody on being asked by the I.O.

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