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Judgment
Application for regular bail under Section 439 Cr.P.C.
The applicant is the first accused in Crime No.602/2020 of Kondotty Police Station, Malappuram, for having allegedly committed offences punishable
under Sections 307, 332, 353 r/w Section 34 of the IPC and under Section 3(1) of the PDPP Act.
The prosecution case, in brief, is that on 05.09.2020, the Intelligence Officer of the Directorate of Revenue Intelligence on getting information that
gold was being smuggled from the Calicut International Airport, proceeded to the Airport on the next day along with another officer of the DRI named
Najeeb on a motorcycle bearing Reg. No.KL-56-Q-3274 with the intention to intercept the applicant gave the signal to the applicant to stop the vehicle
bearing Reg.No.KL- 16-R-5005 in which he was travelling. The applicant who was driving the vehicle not only did not stop the vehicle but he sped
away with the vehicle by hitting the DRI officials' motorcycle and caused serious injuries to them and damage to their motorcycle, and thereby
attempted to commit murder. The earlier application filed by the applicant as BA No.6871/2020 was dismissed by this Court on 05.11.2020. This is the
second time he is approaching this Court for bail. His formal arrest was recorded in this case on 16.09.2020 and has been in custody since then.
The applicant submits that he has no criminal antecedents and that he has been in custody for too long time and therefore, he may be granted bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The earlier bail application was dismissed for the reason that he had the temerity to attempt murder of the DRI officials who had attempted to
intercept for the purpose of recovery of the gold allegedly smuggled. In the customs case which is registered against him, he was arrested on
08.09.2020 and remanded to judicial custody. The applicant did not have any intention to attack the DRI officials. However, the bail application earlier
filed by him was dismissed for the reasons stated therein. The only change of circumstance that he has been in custody for some more time and 75
days have elapsed since his custody. In view of the fact that he does not have any criminal antecedents, I find that further incarceration of the
applicant may not be necessary.
In the result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees
Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer on all Saturdays between 9 a.m 12 noon for a period of two months or till filing of the final report
whichever is earlier.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.