ANAS S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.683/2022 of Mangalapuram Police Station, Thiruvananthapuram District, registered for offences punishable under Sec. 120B, 420, 465, 468 and 471 read with Sec. 34 of the Indian Penal Code, the petitioner/ 1st accused has filed this petition seeking pre-arrest bail.

(2.) The prosecution case is that on 30/8/2017 at about 2 a.m., the 1st accused sustained injuries in a road traffic accident when a dog suddenly crossed his motorbike. But concealing the said fact, at the instigation of accused Nos.2 and 3, a private complaint was filed before the Judicial First Class Magistrate Court, Attingal, stating that the accident took place on 30/8/2017 at about 8.30 p.m. while the 1st accused was travelling as a pillion in the scooter ridden by the 5th accused and when it hit a pedestrian. Consequently, a crime was registered, and the 5th accused malafidely pleaded guilty. It is alleged that, thereafter, a wound certificate was forged in the name of one Shajahan, whom they claimed to be the pedestrian hit by the scooter, and the 2nd accused filed a claim petition before the Motor Accidents Claims Tribunal, Thiruvananthapuram on behalf of the 1 accused and Shajahan. Later, when the owner of the vehicle appeared and objected, the claim petition was withdrawn, and thereafter, another claim petition was filed before the Motor Accidents Claims Tribunal, Attingal, for the 1st accused and Shajahan, by making the 4th accused as respondent and showing him as the person, who purchased the vehicle subsequently. Thereby, the accused have committed the above offences.

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