ABDUL BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No. 893/2023 of Mankada police station, the eighth accused in B A No.10363/2023 and accused Nos.2 and 3 in BA No.10386/2023 have filed these applications u/s 438 of the Code of Criminal Procedure registered alleging offences punishable under Sec. 379 and r/w Sec. 34 of the Indian Penal Code.

(2.) The prosecution case is that on 10/11/2023, while the respondent police were questioning an accused involved in Crime No.857/2023 of that police station, they got information that on 16/9/2023, a lorry bearing registration No.KL 02 R 7131, involved in a sand case, was taken away from the police station premises by him and other 7 persons. Therefore, on the basis of this information, the Sub Inspector of Police registered a case as Crime No.893/2023 against 8 persons alleging commission of the above-said offences and thereby committed the above offence.

(3.) The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.