Raju v. State of Kerala, Represented by Public Prosecutor
2017-11-28
B.KEMAL PASHA
body2017
DigiLaw.ai
JUDGMENT : 1. Petitioner is the accused in CC No.183/2017 of the Judicial First Class Magistrate's Court, Erattupetta, which has arisen from Crime No.398/2017 of the Melukavu Police Station, for the offence under Section 118(a) of the Kerala Police Act, 2011. 2. The allegation against the petitioner is that on 29.03.2017 at 6 p.m., he was found at the public road in such a state in which he was incapable of looking after himself, and he was uttering abusive words. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. 4. According to the learned counsel for the petitioner, the petitioner has not committed any offence and he is being unnecessarily harassed by the police by misusing the provision under Section 118(a) of the Kerala Police Act, 2011. 5. Section 118(a) of the Kerala Police Act, 2011, reads:- “118. Penalty for causing grave violation of public order or danger - Any person who,- (a) is found in a public place, in an intoxicated manner or rioting condition or incapable of looking after himself.” 6. In order to attract Section 118(a) of the Act, the only ground being resorted to by the investigating officer is that he was “incapable of looking after himself”. 7. The learned counsel for the petitioner has pointed out that, that ground itself is not available to the police when the petitioner was released on bail at the spot itself, that too, on self bond on an undertaking from the petitioner himself that he would appear before court or before the police officers as and when required. When such a person was enlarged on bail on the spot, that too, on the basis of a self bond with an undertaking that he would appear as and when required, that itself denotes that the said person was not incapable of looking after himself. The said argument forwarded by the learned counsel for the petitioner appears to be sound. 8. This is an instance wherein the provision under Section 118(a) of the Kerala Police Act has been misused by the police for trapping a person. Matters being so, all further proceedings as against the petitioner in CC No.183/2017 of the Judicial First Class Magistrate's Court, Erattupetta, which has arisen from Crime No.398/2017 of Melukavu Police Station are liable to be quashed.
Matters being so, all further proceedings as against the petitioner in CC No.183/2017 of the Judicial First Class Magistrate's Court, Erattupetta, which has arisen from Crime No.398/2017 of Melukavu Police Station are liable to be quashed. In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in CC No.183/2017 of the Judicial First Class Magistrate's Court, Erattupetta, which has arisen from Crime No.398/2017 of Melukavu Police Station are quashed.