MUFLIH Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant herein is the accused in Crime No. 130 of 2019 of the Kadampuzha Police Station. He is accused of having committed offence punishable under sections 353, 332, 333, 324 and 326 of the I.P.C. He has approached this Court invoking the powers under Section 438 of the Cr.P.C.

(2.) Brief facts which are to be noticed for considering the prayer sought for in this petition are that on 10.10.2019, the Motor Vehicle Inspector attached to the Enforcement Squad, Malappuram, along with two Assistant Motor Vehicle Inspectors were conducting vehicle checking on the National Highway at Randathani. The applicant, a young man aged 18 years, along with his friend Farhan, aged 16 years, were found coming from North to South on a bike along the National Highway at Randathani. The applicant was seen riding without a helmet. In order to slap a challan, he was signalled to stop the vehicle. It is alleged that without stopping the bike the applicant intentionally proceeded forward and dashed the de facto complainant on his left leg in an attempt to escape. The de facto complainant was thrown to the tarmac by the impact. The motor cycle went on to hit a motor car coming from the opposite side and the rider and his friend fell on the road. It is alleged that the applicant had full knowledge that unless he dashed the officer down, he will not be in a position to escape and with that objective, the applicant accelerated the bike and dashed the officer causing serious injuries including fracture of his leg.

(3.) Sri. M. Ajay, the learned counsel appearing for the applicant, submitted that the very registration of the crime against the applicant portraying him as an accused is based on distorted facts. The learned counsel would point out that the width of the National Highway where the accident took place was about 8 metres and the road margins on either sides were in excess of 4 metres. While the applicant, who is having a valid licence, was travelling on his bike along the National Highway, wherein the navigable speed is fixed at 60km/hr, the Motor Vehicle Inspector rushed in abruptly and caught the handlebar of the bike, apparently under the belief that the applicant would sneak away. Because of the abrupt and unexpected act on the part of the de facto complainant, the applicant lost his balance and swerved to the middle of the road and dashed on a car travelling from south to north. According to the learned counsel, the applicant as well as the pillion rider sustained serious injuries. He has also placed reliance on Annexure-IV and V medical certificates to bolster his submission. It is urged that if the Motor Vehicle Inspector did not jump on to the middle of the road to catch hold of the handlebar of the running bike, the accident would never have happened. He referred to a series of circulars issued by the State Police Chief and it was argued that though prompt detection of traffic offenses and enforcement of traffic rules are to be implemented with all seriousness, it is not for the officers to catch offenders by surprise by putting to peril the life of the officer and also the traffic offender.