ORDER :

The question that emerges for consideration in this bail application is whether an accused who has undergone custody in two spells in the same crime is entitled to get the two spells combined to claim “default bail” under proviso (a) (i) to sub-section (2) of Section 167 of the Code of Criminal Procedure.

2. The undisputed antecedent facts for the disposal of this bail application are:

(i) The petitioner is arrayed as the first accused in RC01(S)/2020CBI/SCB/TVPM of CBI registered by the Central Bureau of Investigation (in short “'CBI”.) - the respondent. The crime was originally registered by the Peerumedu Police Station as Crime No.349 of 2019, which was subsequently renumbered as Crime No.390/CBI/IDK/R/2019, for offences punishable under Sections 343, 348, 323, 324, 330, 331, 302 read with 34 of the Indian Penal Code

(ii) The First Information Report (FIR) in Crime No.349/2019 was initially registered by the Peerumedu Police Station under Section 174 of the Code of Criminal Procedure (for brevity, hereinafter referred to as “Code”), on 21.06.2019, before the Sub-Divisional Magistrate Court, Idukki. Later, the case was taken over by the Crime Branch and renumbered as Crime No