Bailable offence bail conditions cannot impose ongoing supervisory restraints beyond surety or personal bond terms.

In a bailable offence under Section 104(3) of the Customs Act, 1962, bail is a matter of right, and the customs officer exercising that power stands in the same position as an officer in charge of a police station for bail purposes. The procedural scheme permits release on bail on the terms of bail itself, namely sureties or, where appropriate, a personal bond without sureties. Conditions requiring monthly reporting, appearance before the investigating officer, or abstention from involvement in any offence were held to be impermissible continuing restraints, and were set aside as illegal.

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Issues: Whether, while granting bail in a bailable offence under Section 104(3) of the Customs Act, 1962, the customs officer could impose conditions requiring monthly reporting, appearance before the investigating officer, and abstention from involvement in any offence.

Analysis: In bailable cases, release on bail is a matter of right. The customs officer exercising power under Section 104(3) stands in the same position as an officer in charge of a police station for the purpose of bail, and the scheme of Section 436 of the Code of Criminal Procedure, 1973 permits release on bail without imposing onerous restrictions. The only permissible condition is the requirement of bail with sureties, or in appropriate cases a personal bond without sureties. Conditions that go beyond the terms of bail and operate as continuing supervisory restraints are not authorised.

Conclusion: The conditions requiring monthly reporting, attendance before the investigating officer, and abstention from involvement in any offence were illegal and were set aside.

Final Conclusion: The petitions succeeded and the impugned bail conditions were quashed, leaving the petitioners entitled to bail in accordance with law without the impermissible additional restrictions.

Ratio Decidendi: In a bailable offence, the authority granting bail cannot impose onerous conditions beyond the permissible terms of bail under the governing procedural law.

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