DEEPU KUMAR T.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure by the 3rd accused in Crime No.410 of 2021 of the Koyipuram Police Station registered under Sections 392 r/w Section 34 of the IPC.

(2.) The prosecution allegation is that on 26.04.2021 at about 4.30 pm, while the de facto complainant was transporting metal chips in a tipper lorry, the petitioner along with the rest of the accused intercepted the lorry with a baleno car driven by the petitioner. The driver was overpowered and the vehicle along with the materials were taken away.

(3.) The learned counsel appearing for the petitioner submitted that the accused Nos.1 and 2 have been arrested and the tipper lorry as well as the chips have been seized by the police. They have also been released on bail. According to the learned counsel, the petitioner herein was merely driving the car and did not take any active part in the commission of the offence.