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.
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B.A. No. 6007 of 2009
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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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