KRISHNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Bail Applications are accused Nos. 2 and 4 in Crime No. 5 of 2022 of Kalladikkode Police Station, Palakkad District alleging commission of offences under Ss. 279, 353, 427, r/w 34 of Indian Penal Code and 132(1), 177 of Motor Vehicles Act and 32(e) of Prevention of Damage to Public Property Act. The petitioner in Bail Application No. 1127/2022 is in custody and has filed an application for regular bail while the petitioner in Bail Application No. 910/2022 has filed this application for anticipatory bail. The crux of the prosecution is that on 8/1/2020, a jeep bearing Registration No. TN-20-Q-1362 which was coming from Palakkad to Mannarkkad through the Kozhikode -Palakkad National Highway was being driven in a rash and negligent manner by the 1st accused. When the Police officials of the Kalladikode Police Station who were on night patrolling duty tried to stop the vehicle, accused No. 1 drove off without stopping the vehicle. It is alleged that the Police party chased the vehicle and at a place called Ummenazhi -Millupady, the 1st accused rammed his vehicle on to the Police Jeep and caused obstruction to the official duties of the Police Officials. The petitioners in these bail applications were passengers in the said Jeep.

(2.) The learned counsel appearing for the petitioners in these cases contented that the petitioners are absolutely innocent in the matter. It is submitted that if at all any offence could be alleged that is only against the 1st accused the petitioners, who were innocent passengers in the Jeep cannot be accused of having committed any offence. It is submitted that the petitioner in Bail Application No. 1127/2022 has been in custody from 28- 01-2022. It is also submitted that the 1st accused in the case has already been released on bail. The learned counsel appearing for the petitioner in Bail Application No. 910/2022 has a case that the petitioner in that case has no connection whatsoever with accused Nos.1 and 2 and had only been offered a lift in the Jeep in question.

(3.) The learned Public Prosecutor opposes the grant of bail. It is submitted that the 1st accused in the case is accused in several cases (some of which are Forest offences) including cases registered in the state of Andra Pradesh. It is submitted that there is also an allegation that the registration number of the vehicle was also tampered with. It is submitted that the vehicle was also involved in a Forest offence. It is submitted that the damage to the Police Vehicle was intentionally caused by the 1st accused. However, it is confirmed that the 1st accused has already been granted bail by the jurisdictional Magistrate (Judicial First Class Magistrate Court, Mannarkkad).