Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.463/2014 of Pulpally Police Station registered for the offences punishable under Sections 307, 353 and 201 read with Section 34 IPC.
3. The allegation against the petitioner and the other accused is that on 27.08.2014 at 1.40 p.m. they were found transporting river sand without any licence by a lorry which was being driven by the petitioner. When the defacto complainant CPO attached to the Pulpally Police Station attempted to obstruct the lorry in order to stop it by coming on a motorbike, the petitioner deliberately attempted to smash the motorbike by hitting on the motorbike with the lorry. Immediately, the CPO jumped to the road side from the motorbike. The lorry forcibly hit against the motorbike and the motorbike was thrown away from the spot. The petitioner was arrested on 13.10.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submits that the petitioner is suffering from diabetics as well as hypertension, and that he has three daughters, one of whom is mentally retarded.
6. The prosecution records prima facie reveal the complicity of the petitioner. It seems that the motorbike of the CPO sustained damage in the accident. He has escaped only because of the fact that he had jumped from the motorbike to the road side. There is no justification as far as the overt acts of the petitioner are concerned. Having regard to the seriousness of the allegations against the petitioner and the present stage of investigation, I am of the view that he is not entitled to be enlarged on bail at present.
7. In the result, this Bail Application is dismissed.
The learned counsel for the petitioner has pointed out that the petitioner is not getting adequate medical aid at the jail. The Superintendent of the concerned jail is directed to afford adequate medical assistance to the petitioner.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge