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Judgment
Application for regular bail under Section 439 of Cr.P.C. Applicants are accused Nos.1 and 2 in CC No.238/2021 on the files of the Judicial First Class Magistrate Court-I, Alappuzha for having allegedly committed offences punishable under Sections 332, 224, 216 r/w Section 34 of IPC.
The prosecution case, in brief, is that on 05.12.2020 at about 5.30 a.m. the Alappuzha Excise Enforcement and Anti Narcotic Special Squad had in connection with NDPS Crime No.61/2020, attempted to apprehend the accused, they resisted and while they were in the cell of the Excise office, they kicked the officers on duty and escaped from custody. Thereafter, they were harboured by the 3rd accused and thus the applicants committed the offence.
The applicants state that the allegations are not true and that apart from the alleged offence under the NDPS crime, they are not involved in any other crime. They have been in custody since 15.12.2020 and the investigation is completed and the final report has already been filed. Their bail application filed before the jurisdiction court was dismissed twice and therefore they seek indulgence of this Court.
Heard the learned counsel for the applicants and the learned Public Prosecutor.
The applicants have no other criminal antecedents apart from the NDPS case for which they were attempted to be apprehended. They have been in custody for about 87 days. It is true that the final report has been filed, but there is no purpose behind their prolonged detention, since there is no possibility of their fleeing from justice. They are willing to abide by any conditions that may be imposed. Under the circumstances, I find that they are entitled to be released on bail. Hence, the application is allowed and the applicants are therefore directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) They shall appear before the jurisdictional court on all posting dates for trial unless exempted specifically by the jurisdictional court.
(ii) They shall inform their address and phone number to the investigating officer and shall not leave the State of Kerala except by the permission of the jurisdictional court.
(iii) They shall not get involved in similar cases during the currency of the bail.
(iv) They shall not tamper with evidence, intimidate or influence the witnesses.
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.