SHARATH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.241/2024 of the Badiadka Police Station, Kasargod, registered against him, for allegedly committing the offences punishable under Secs. 279, 332 and 353 of the Indian Penal Code and Sec.185 of the Motor Vehicles Act. The petitioner was arrested on 3/5/2024.

(2.) The essence of the prosecution case is that: on 3/5/2024, at around 22.00 hours, while the de facto complainant was performing his official duty, the accused was found driving his auto-rickshaw bearing registration No.Ka 70/2375 in a rash and negligent manner. He was also intoxicated. While the de facto complainant attempted to intercept the vehicle, the accused used force and caused bodily injuries to the de facto complainant. Thus, the accused has committed the above offences.

(3.) Heard; Smt.Ummul Fida, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor.