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2012 Supreme(Ker) 1090

S.S.SATHEESACHANDRAN
Saji Kumar – Appellant
Versus
State of Kerala – Respondent


ORDER :

S. S. SATHEESACHANDRAN, J.

1. Petitioner is the accused in Crime No.827/2011 of Aranmula Police Station. On the basis of Annexure A3 report filed by the Sub Inspector of Police, Aranmula Police Station, petitioner now stands indicted of the offences punishable under Section 279 of the Indian Penal Code, 185 of the Motor Vehicles Act and Section 118(e) of the Kerala Police Act. The gist of the accusation is that he was seen riding a motor bike after having consumed alcohol. His medical examination disclosed that he had consumed alcohol. A crime was registered and, later, it has led to his indictment under the report as referred to.

2. Learned counsel for the petitioner adverting to Annexure A1 F.I.R, Annexure A2 drunkenness certificate issued by the doctor and Annexure A3 final report, submits that none of the offences imputed against him would lie on the facts and circumstances, and materials produced.

3. Perusing the materials produced, Annexure A1 to A3, it is seen that the petitioner/accused was proceeded against for the various offences imputed against him since he had driven a motor bike after having consumed alcohol. Annexure A2 drunkenness certificate does not disclose


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