THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

1. This application is filed under Section 483 of the Bharatiya Narik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

2. The applicant is the accused No.2 in O.S. No.57/2026 of Air Intelligence Unit, Air Customs, CIAL, Nedumbassery, Ernakulam District. The offence alleged is punishable under Section 135 of the Customs Act, 1962.

3. The prosecution case, in short, is that on 13.07.2026 at about 10.25 a.m., the officers of Air Intelligence Unit, Air Customs, Cochin International Airport intercepted the applicant and the accused no.1 in the above O.S., who had arrived from Abu Dhabi by Air India Express Flight No.IX 418, seized two brown coloured strips of gold in paste form totally weighing 1494.13 grams which they were carrying by concealment in the waist area of jeans-pants worn by them without payment of customs duty and thereafter on extraction, it was found to be 1353.92 grams of gold having an assessable value of 1,67,17,446/- and market value of 1,93,55,640/- and thereby committed the offence.

4. I have heard Sri.Radhakrishnan S., the learned counsel for the applicant and Sri.M.P.Shameem Ahamed, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and she is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 13.07.2026. The applicant is a 23 year-old lady. It is submitted that she is pregnant. The recovery has already been effected. Hence, I am of the view that the further detention of the applicant is not necessary and the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.