This is an application filed by the petitioner, who is the accused in Crime No.544/2014 of Irikkur Police Station for anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code). 2. The case of the prosecution in nutshell was that on 12.9.2014 at about 6.35 p.m while the defacto complainant and others were doing patrol duty, they saw the accused coming with lorry No.KL-59/4967 and when they wanted to stop the vehicle, he did not stop the vehicle, but put the sand on the road and thereafter took away the vehicle preventing the officials from doing their duty and thereby all of them have committed the offences punishable under Section 353 read with Section 34 of the Indian Penal Code and Section 132(1) read with Sections 179 and 184 of the Motor Vehicles Act and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he is not the driver of the vehicle now and his custody is not required.
4. The application was opposed by the Public Prosecutor.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the case was originally registered on the basis of the report of the Sub Inspector of Police, Irikkur police station against the driver of the tipper lorry and another person alleging commission of the above said offences. Later it was revealed that the present petitioner was the driver of the lorry and he has been arrayed as the first accused. On going through the allegations in the case diary file, this Court feels that presence of the petitioner may be required for proper investigation and also to trace out the other persons involved in the crime as well. So considering the gravity of the offences, this Court feels that it is not a fit case to invoke the extra ordinary power under Section 438 of the Code to grant anticipatory bail to the petitioner and the application is liable to be dismissed.
In the result the application is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
/true copy/ cl P.S to Judge