MUNEER C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail filed by the second accused in Crime No.384 of 2014 of Hosdurg Plice Station punishable under Section 439 of the Code of Criminal Procedure.

(2.) THE case of the prosecution in nut shell was that on 23.03.2014 at 12.10 a.m. while the de facto complainant and other police officers were on patrol duty, the accused persons restrained them and abused them with filthy language and pelted stones against them and prevented them from discharging their duty with an intention to commit murder caused damage to the police vehicle and thereby all of them have committed the offences punishable under Sections 143, 147, 148, 341, 332, 294(b), 307 read with Section 149 of the Indian Penal Code and Section 3(1) of Prevention of Destruction of Public Property Act (in short PDPP Act)

(3.) THE application was opposed by the public prosecutor on the ground that the investigation is not over and in fact the petitioner and others were part of Sand mafia against whom cases have been registered by the Hosdurg Police officials and as retaliation for the same, this incident had happened. So, if the bail is granted, they are likely to influence the witnesses.