High Court Kerala High Court

Rafeeque vs State Of Kerala Represented By The on 27 October, 2009

Kerala High Court
Rafeeque vs State Of Kerala Represented By The on 27 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6007 of 2009()


1. RAFEEQUE, AGED 38, S/O.HASSAN PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA  REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.H.HAMZA ROWTHER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :27/10/2009

 O R D E R
                       K.T. SANKARAN, J.
                     ---------------------------
                     B.A. No. 6007 of 2009
                 ------------------------------------
             Dated this the 27th day of October, 2009

                            O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is accused

No.1 in Crime No.172/2009 of Melukavu Police Station,

Kottayam District.

2. The offences alleged against the petitioner are under

Sections 353 and 341 read with Section 34 of the Indian Penal

Code.

3. On 04.07.2009 at 4.30 A.M., the Intelligence Officer

(IB), Intelligence Squad of the Commercial Taxes Department,

Thodupuzha and the inspectors were conducting vehicle

checking at Muttom. A Tata Mini Lorry bearing Registration No.

KL 9 Q 8040 was directed to be stopped. It is stated that the

Lorry was having full load of live chicken. The driver of the

vehicle did not stop. He drove the vehicle in high speed

towards Melukavu direction. The officers of the Commercial

Taxes informed the Melukavu Police Station over phone. Some

police men tried to intercept the Mini Lorry. But the Mini Lorry

B.A. No. 6007 of 2009 2

was not stopped. The road was a Ghat road and one side of the

road, it was deep valley. Another vehicle, namely, a Mahindra

Scorpio Jeep bearing Registration No. KL 07 A X 837 overtook

the Department vehicle. Thereafter, the Scorpio Jeep was driven

in a zigzag manner so as to prevent the Department Jeep from

overtaking the Mini Lorry. The Mini Lorry could thus escape from

the inspection by the officers of the Commercial Taxes

Department.

4. The allegation is that the petitioner was driving the Mini

Lorry. On 07.07.2009, the Intelligence Officer (IB), Commercial

Taxes, Idukki at Thodupuzha submitted a detailed petition to the

Station House Officer, Melukavu Police Station. The F.I.R was

registered only on 13.09.2009.

5. When a serious allegation is raised involving offence

under Section 353 by the Commercial Taxes Officer and the

grievance is put in writing, normally there should not be any

delay to register the F.I.R. In the present case, even before

filing the petition, when driver of the Mini Lorry was trying to

escape, information was given to the police. The police personnel

of Melukavu Police Station tried to intercept the vehicle. That

B.A. No. 6007 of 2009 3

means, the police officers were also aware of the incident. Even

without a petition from the officers of the Commercial Taxes

Department, the police could register a crime. Why such delay

was occasioned is a matter to be explained by the Sub Inspector

of Police, Melukavu. A report shall be filed by the Sub Inspector

of Police, Melukavu Police Station within a period of two weeks.

6. From the facts narrated above, it is clear that the

petitioner is not entitled to the discretionary remedy under

Section 438 of the Code of Criminal Procedure. The prosecution

case is that the petitioner was driving the Lorry. The

discretionary relief under Section 438, if granted in favour of the

petitioner, it would adversely affect the proper investigation of

the case.

For the aforesaid reasons, the Bail Application is dismissed.

However, the Bail Application shall be posted after two weeks for

getting the report from the Sub Inspector of Police, Melukavu

Police Station.

K.T. SANKARAN, JUDGE

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