SHAMEER T.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the petitioners who are accused Nos. 5 and 6 in crime No.260/CR/OCWW-III/Palakkad/2017 of CBCID (Head Quarters), Thiruvananthapuram.

(2.) The offences alleged against them are those punishable under Sections 120(b), 193, 195 and 468 of Indian Penal Code. The allegation against them was that the first accused while working as the Station House Officer, Perumbavoor Police Station, caused crime No.3337 of 2015 registered against one Mr. Kochumuhammed and another crime No.4001 of 2015, against one Mr.Himesh, on false allegations and materials. As per the allegations, explosive substances were placed in the house of Mr.Kochumuhammed and Narcotic substances in the auto rickshaw belonging to Mr.Himesh with a view to falsely implicate them in the respective crimes. Both the crimes aforesaid were clubbed together and the crime in question was registered. During the course of investigation on 05.06.2018, a report was filed before the jurisdictional Court, stating that evidences have been collected against the present petitioners and accordingly they were arrayed as accused. On apprehension of being arrested in the crime in question, these petitioners have moved this application.

(3.) According to Sri. M.Revikrishnan, the learned counsel for the petitioners, originally when the crime was registered only four accused were there and the names of these petitioners have been incorporated into the crime later. According to him, the allegations in the Case Diary are insufficient to attract the offences alleged against them. According to him there is nothing in the allegations to attract that false evidence have been given by the petitioners in a judicial proceeding to sustain the alleged commission of offences under Sections 193 and 195 IPC. Accordingly he canvassed for a direction to the arresting officer to enlarge the petitioners on bail in the event of their arrest.