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Judgment
Viju Abraham, J.
This is an application for regular bail.
The petitioner is accused No.3 in Crime No. 433/2022 of Karippur Police Station, Malappuram District alleging commission of offences punishable under Sections 399 and 120(B) of the Indian Penal Code.
The prosecution allegation is that on 28.10.2022 at 21.00 hrs, the 5th accused, who arrived at Calicut International Airport in IX 354 AIR INDIA from Sharja was illegally carrying gold weighing 54 gms and 2 iPhones which were entrusted by one Jabar for giving it to his agent. The accused in furtherance of their common object to commit dacoity hatched criminal conspiracy to rob the gold and phones and as part of the same transaction the accused Nos.1 to 4 arrived at Calicut International Airport in vehicle bearing registration numbers KL-58-AD-6969 & KL-58-AG-1577 and thereby the accused have committed the aforesaid offences.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 28.10.2022 onwards.
The learned Public Prosecutor seriously opposed the bail application and upon instructions submitted that a gold chain and the iPhones were seized. The accused could not produce any documents to prove that tax was paid for the said properties. The learned Public Prosecutor further submitted that investigation is going on and that the petitioner has no other criminal antecedents.
It is seen that by order dated 14.11.2022, in B.A. No.9083/2022, this Court has granted bail to accused Nos. 1, 2, 4 and 5. Considering the above fact and that the petitioner is in custody from 28.10.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 433/2022 of Karippur Police Station, Malappuram District on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 433/2022 of Karippur Police Station, Malappuram District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 433/2022 of Karippur Police Station, Malappuram District may file an application before the jurisdictional court, for cancellation of bail.