UDAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the 2nd accused in Crime No.247 of 2022 of Palarivattam Police Station, Ernakulam District, alleging commission of offences under Ss. 308, 353 and 34 of the Indian Penal Code and Sec. 3(2)(e) of the Prevention of Damage to Public Property Act. The prosecution case in brief is that when the petitioner and the other accused in the case were travelling in a mini lorry, which was being driven in a rash and negligent manner it was signalled to stop by the police officials attached to the Palarivattom Police Station and evading the same, they sped away from the place and rammed the lorry into another police vehicle, which was attempting to intercept them. It is alleged that a loss of Rs.4,13,048.00 was sustained by the State owing to the act of the petitioner and the other accused.

(3.) The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the matter. It is submitted that the incident was a pure road accident and there was no intention to harm any police officer. It is submitted that no injuries, even of a minor nature, were reported by the police officials in question. It is submitted that the petitioner is only a cleaner of the lorry and could not have done anything in the matter. It is submitted that the petitioner has been in custody from 8/3/2022 and his continued detention is not necessary for the purpose of any investigation.