Petition filed under Section 438 Cr.P.C.
2. Petitioner is the 3rd accused in Crime No.156/2013 of Baluserry Police Station, Kozhikode registered for the offences punishable under Sections 308 and 186 read with Section 34 IPC, also under Sections 132, 179, 183 and 188 of the Motor Vehicles Act, and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.
3. On 17.02.203, while the police party was engaged in vehicle checking on the road, a tipper lorry bearing Reg.No.KL-5C-7769 came that way by carrying river sand and when the lorry was attempted to be stopped by the police, disregarding the lawful orders of the police, the lorry sped away. When the police party chased the jeep, the driver of the lorry raised the platform of the lorry and unloaded the sand unexpectedly on the road, thereby obstructing the police in discharging their duties. The police party has narrowly escaped from an accident.
4. It is alleged that the present petitioner who is the registered owner of the tipper lorry gave the names and addresses of persons present as driver and cleaner in the vehicle who were implicated as A1 and A2 in the case. On investigation, it has been revealed that the petitioner had deliberately given false names and addresses of the driver and cleaner of the lorry.
5. Heard learned counsel for the petitioner and the learned Public Prosecutor.
6. The offence under Section 308 IPC will not lie as against the present petitioner. Admittedly, the petitioner was not present in the lorry. The person who drove the lorry and the other person who was allegedly present in the lorry as cleaner only could be the accused in the matter. At the most, the petitioner can be found fault with in furnishing false information to the police with regard to the names and addresses of the persons in the lorry. Considering all the above, this Court is of the view that the custodial interrogation of the petitioner is not required in the matter.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 28.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge