SAUFIL @ SOUFAL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the accused in Crime No.2024/2012 of Aluva East Police Station for having committed offences punishable under Sections 225 B and 333 of IPC. Allegation against the petitioner is that on 29.7.2012 at 4.00 p.m., while the Sub Inspector of Police, Aluva was conducting patrol, he received a secret information about sale of Ganja at the private bus sand, Aluva. The petitioner was apprehended at 8.15 p.m. with 90 grams of Ganja in his possession and at 10.30 p.m. Crime No.2017/12 for the offence punishable under Section 20(b)(ii)A of the NDPS Act was registered. It is averred in the petition that on 30.7.2012 at 9.50 p.m. when the accused was produced before the official residence of the JFCM-I, Aluva in connection with the above crime, he had tried to escape from the lawful custody of the police officers who had accompanied him at the official residence of the Magistrate. When the police officers chased to nab him, the accused pushed one of the Police Officers into a deep pit resulting in fracture of his leg and thereby deterring the police officer from doing his official duty.

(2.) THE petitioner has been in custody from 29.7.2012 onwards. It is contended that leniency may be shown to the petitioner and the injury caused to the police officer was unintended by the petitioner. It was also pointed out that the his continued custody is unnecessary. Further contention is that he is mentally sick and is under treatment. So also, it is contended that during the attempt to escape he too had suffered a fracture on his leg for which he is not getting proper treatment in the jail. Hence it is prayed that he may be released on bail.