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2025 Supreme(Online)(KER) 8371

HIGH COURT OF KERALA
G. GIRISH, J
ANIL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RENJITH B.MARAR, LAKSHMI.N.KAIMAL, SUMESH.S.KALARICKEL, SINDHU K.S., SADCHITH.P.KURUP, U.JAYAKRISHNAN

ORDER

The petitioner is the accused in S.T.No.296/2019 on the files of the Judicial First Class Magistrate Court, Nedumkandam. The offences alleged against him are under Section 279 of the Indian Penal Code , 1860(in short, ‘ IPC ') and Section 185 of the Motor Vehicles Act , 1988(in short, ‘ MV Act ’). He seeks to quash the proceedings in the said case on the grounds of procedural irregularities on the part of the investigating agency.

2. The prosecution case is that on 13.04.2019, at about 8:50 p.m, the accused/petitioner was found to have been driving an auto rickshaw under the influence of alcohol, in a rash and negligent manner, likely to endanger human life, through Vattappara-Udumbanchola public road. The Inspector of Police, Udumbanchola, and his team are said to have intercepted the vehicle and subjected the petitioner to alcometer test, in which it was found that the alcohol content in his blood was 165 mg per 100 ml. The petitioner/accused was arrested on the spot and taken into custody. However, he was not subjected to the laboratory test as required under Section 204 of the MV Act . Instead, it appears that the petitioner was released on bail. Later on, the Inspector o

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