S.S. Satheesachandran, J.

1. Petitioner is the first accused in a crime registered by the Intelligence Officer, Directorate of Revenue Intelligence, Ernakulam as O.R.No.3 of 2013 under Section 135 read with Section 104 of the Customs Act, 1962. He has filed the above application seeking the discretionary relief of anticipatory bail under Section 438 of the Code of Criminal Procedure (for short 'the Code').

2. Petitioner is the Managing Director of M/s.Rajesh Exports Limited operating business within the Cochin Special Economic Zone, Kakkanad, which has been given licence to export gold medallions manufactured from gold imported duty free. The Directorate of Revenue Intelligence, Cochin (hereinafter referred to 'DRI, Cochin') getting information that gold imported duty free by the Unit of the above Company in Kakkanad is being smuggled out by a gang headed by petitioner close surveillance was kept on such activities. On 10.5.2013, third accused employed in the Company, and an associate of petitioner, was intercepted at Ernakulam Railway Station while he was trying to board a train to Bangalore. Search over his person resulted in recovery and seizure of 900gms of gold. Disclosure