BIJU VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C by the sole accused involved in crime No.2032 of 2018 of Mavelikkara Police Station, Alappuzha District. The offences allegedly committed by the petitioner are those punishable under Sections 419, 420 and 506 of the Indian Penal Code.

(2.) The allegation of the prosecution was that, with intention to make unlawful gain and to cause unlawful loss to the defacto complainant and her husband, the petitioner under the guise that he is an officer associated with the Police anti-squad, took the car of the husband of the defacto complainant from him on 17.08.2017, agreeing thereby to pay monthly rent at the rate of Rs.27,000/-, but failed to pay the monthly rent and to return the car despite several demands. The defacto complainant was constrained to lodge FIS before the Mavelikkara Police and that culminated in the registration of the crime. Petitioner out of his apprehension that he would be arrested in the crime has approached this Court seeking pre-arrest bail.

(3.) Shri. Shaj K, the learned counsel for the petitioner has submitted that the case of the prosecution is totally false and fabricated one. According to him the petitioner is a driver by profession and is working as a contract employee at Mavelikkara Post Office. The petitioner's paternal uncle is conducting a brick kiln at Vallikunnam, Alappuzha District. The second respondent, the Circle Inspector of Police, Mavelikkara Police Station, Alappuzha demanded bribe from the petitioner's paternal uncle as well as the other operators of brick kiln in the District. The petitioner did not pay the bribe demanded and therefore the second respondent is not in good terms to the petitioner and his uncle. Therefore, the case in question is foisted and he is implicated falsely. Raising contentions as above, the learned counsel canvassed for enlarging the petitioner on pre-arrest bail.