Petitioner is the first accused in Crime No.860 of 2013 of the Nilambur Police Station for the offences punishable under Secs.353 and 427 r/w Sec.34 of the Indian Penal Code and Secs.20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 04.09.2013 at about 4.25p.m, the Village Assistant concerned was on duty and intercepted the lorry driven by the petitioner which carried river sand illegally. The lorry hit the motor cycle which the village Assistant was riding.
3. Learned counsel submits that the allegations are false. It is submitted that another vehicle is involved and the petitioner has nothing to do with the lorry carrying river sand.
4. Having regard to the nature of allegations made against the petitioner and the investigation required to be done, request for pre-arrest bail cannot be allowed.
The application is dismissed.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge