MUHAMMAD SHAHBAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition seeking regular bail has been filed by the second accused in Crime No.1263/2025 of Vadakkancherry Police Station, registered, alleging commission of offences punishable under Ss. 189(2), 191(2), 191(3), 109, 121(1) r/w 190 of Bharatiya Nyaya Sanhita (BNS) and Sec. 3(2)(e) of Prevention of Damage to Pubilc Property Act, 1984 (PDPP Act).

(2.) The prosecution alleges that on 1/11/2025, between 01.06 a.m. and 01.11 a.m., while the Sub-Inspector of Police, Vadakkancherry, was conducting night patrol duty along with the accompanying Civil Police Officer (CPO), they noticed an Eicher lorry bearing Registration No. UP-15-HT-7271, which was suspected to be involved in a case registered in connection with the theft of diesel from other lorries parked along the Palakkad-Thrissur National Highway, proceeding from the Palakkad side and passing in front of the police jeep. Upon noticing the said vehicle, the Sub-Inspector of Police, along with the CPO, who was on driver duty, chased the lorry in the official police jeep and, after overtaking it, signalled the driver to stop. However, the first accused, who was driving the lorry at the relevant time, intentionally rammed the lorry into the rear of the police jeep, thereby attempting to murder the police officials and using criminal force to deter them from the discharge of their official duties. By the said act, the accused caused damage to the police jeep, a public property, to the tune of ?1,00,000/-, and thereby committed the offences mentioned above.

(3.) I heard the learned counsels appearing for both sides and perused the available records.