Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the first accused in Crime No.176 of 2014 of the Koorachundu Police Station registered for the offences punishable under Sections 308 and 279 r/w Section 34 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The allegation against the petitioner is that on 06.08.2014 at about 05.00 a.m., while the petitioner was driving tipper lorry bearing registration No.KL 58-A-4623 which was load with illegally collected sand, the Police officers including the de facto complainant attempted to stop the vehicle. Instead of stopping the vehicle, the petitioner drove the vehicle towards the de facto complainant and the Police officers, thereby they jumped aside and escaped. When they chased the vehicle, the petitioner stopped the vehicle, jumped out of it, and ran away.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the contents of the C.D prima facie reveal that the complicity of the petitioner. It has been pointed out that the petitioner is involved in another case registered as Crime No.45 of 2014 of the very same Police Station for the offences punishable under Sections 465, 468 and 471 r/w Section 34 of the Indian Penal Code. It is a case wherein a tipper lorry was driven by the petitioner without affixing its correct registration number and by exhibiting false registration numbers on either sides of the lorry. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am satisfied that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed. The learned counsel for the petitioner submits that an opportunity can be given to the petitioner to surrender before the investigating officer. The petitioner may, if so advised, surrender before the investigating officer within five days from today and in such case, after interrogation, without delay the petitioner shall be produced before the jurisdictional magistrate. In case advance notice is served on the learned Assistant Public Prosecutor in charge of the case, the learned magistrate shall dispose of the application seeking bail if any filed, preferably on the same day itself.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge