Justice Azahar Abdul Hamid ordered M Bhanu Priya, 28, to post bail of RM15,000 and surrender her passport to the court.

He also ordered her to report to the immigration department’s investigation officer once a fortnight until the conclusion of the trial.

Deputy public prosecutor Nur Suriati Mohamad did not object to the bail application although she proposed that the bail be set at RM50,000.

Bhanu and her husband J Raju, 37, pleaded not guilty in the sessions court with smuggling Pavisen Jaya Sangar at the immigration passport counter, Jalan Sri Hartamas here, on March 28 this year.

The offence is punishable under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom), where those found guilty can be jailed up to 20 years and issued a fine at the discretion of the court, or both.

The immigration department and public prosecutor relied on the Security Offences (Special Measures) Act 2012 (Sosma) to conduct their investigation and prosecution.

Under Sosma, an accused is denied bail and has to remain in prison pending the final outcome of a court proceeding. This is because the charge is said to be an offence that touches on national security.

However, Section 13 of Sosma allows for bail if the offender is aged below 18, is a woman, sick or an infirm person.

Lawyer Harpal Singh submitted that the court had the discretion to offer bail under this category to the accused.