9911796707
TMI Blog2024 (8) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... Code. The application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the fulfilment of conditions imposed - bail application allowed. - HONOURABLE MR. JUSTICE C.S. DIAS For The Petitioner: By Advs. Dheeraj Krishnan Perot, Fidha Navas(K/002215/2022), Vineetha A.A.(K/000588/2023). For The Respondents: Spcl PP Sri Mohammed Rafeek. ORDER PER This application has been filed under Sec.439 of the Code of Criminal Procedure by the sole accused in file No. EKMIU6/INT-26/2024-25 of the Kerala State Goods and Services Tax Department, Ernakula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the above offence. If the petitioner is enlarged on bail, there is every likelihood of him tampering with the evidence and intimidating the witnesses. Hence, the application may be dismissed. Nonetheless, he did not dispute the fact that the petitioner has been in judicial custody for the last more than 60 days, the investigation of the case is not complete and the final report has not been laid. 6. The prosecution allegation against the petitioner is that he had fabricated registration certificates and claimed inadmissible input tax credit to evade payment of GST to the tune of Rs. 15.91/- crore. Thus, the accused has committed the offence under Sec. 132 (1) (i) of the Central and State GST Act, 2017. The fact remains that the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided that [(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. till the final report is laid. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii)The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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