Robindas vs State Of Kerala
2021 Latest Caselaw 371 Ker

  Crl.MC.5465/2020                   1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      Crl.MC.No.5465 OF 2020(C)

AGAINST THE ORDER/JUDGMENT IN CC 766/2018 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I, KOLLAM

    CRIME NO.315/2018 OF Kilikolloor Police Station , Kollam


PETITIONER/S:

                ROBINDAS
                AGED 29 YEARS
                S/O YESUDASAN, PILLAVEEDU, SANGHAM MUKKU,
                KANDACHIRA, MANGAD VILLAGE, KILLIKOLLOOR, MANGAD
                P.O.KOLLAM-691 015.

                BY ADVS.
                SRI.R.T.PRADEEP
                SRI.K.C.HARISH

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM-682 031.


OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
   Crl.MC.5465/2020                   2




                              V.G.ARUN, J.
               -----------------------------------------------
                     CRL.M.C.No. 5465 of 2020
               -----------------------------------------------
              Dated this the 6th day of January, 2021

                                ORDER

Petitioner is the sole accused in Crime No.315 of 2018 of

Kilikolloor Police Station, registered for the offence punishable under

Section 118(a) of the Kerala Police Act, 2011, now pending as

C.C.No.766 of 2018 on the files of the Judicial First Class Magistrate

Court-I, Kollam. The prosecution allegation is that by about 2 p.m on

8.5.2018, the petitioner was found in front of Kilikolloor Police Station,

in an inebriated and quarrelsome condition, which was likely to cause

breach of peace. The petitioner seeks to get the further proceedings in

the case against him quashed primarily on the ground that even if the

allegations are accepted in their entirety, the alleged offence was not

made out.

2. Learned counsel for the petitioner contended that in order to

attract the offence under Section 118(a) of the Kerala Police Act, the

accused should have been in a public place and in an intoxicated

manner or rioting condition or incapable of looking after himself.

Referring to Annexure II final report, it is contended that the allegation

is only of petitioner being found in a quarrelsome condition, unable to

stand on his own and using abusive language. It is submitted that the

definition of the term 'rioting' not being available under the Kerala

Police Act, the definition provided under Section 146 of IPC ought to

be adopted. It is further contended that, unless blood test is conducted

and the alcohol content in the blood found to be in excess of the

permitted level, a person cannot be held to be in an intoxicated

condition. It is pointed out that even going by the prosecution case,

only breath analyzer test was conducted, for which also there is no

documentary evidence. The learned counsel submitted that the

petitioner has been advised for appointment as Police Constable and

was not sent for training on account of his implication in the criminal

case.

3. I find substantial force in the contentions urged by the learned

counsel. A vague allegation of the petitioner being found in a

quarrelsome condition will not attract the offence under Section

118(a). There is essential difference between quarrelsome and rioting

conditions. Further, there is no evidence to prove that the petitioner

was in an intoxicated condition, except the statement that he was

unable to stand on his own. Hence, further proceedings in the case

based on such unsubstantiated and vague allegations amount to an

abuse of process of court.

In the result, the Crl.M.C is allowed. Further proceedings in

C.C.No.766 of 2018 on the files of the Judicial First Class Magistrate

Court-I, Kollam is quashed.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 PHOTOCOPY OF F.I.R. DATED 8.5.2018 IN CRIME NO 315/2018 OF KILIKKOOLLOR POLICE STATION

ANNEXURE 11 PHOTOCOPY OF FINAL REPORT DATED 21.5.2018 IN CRIME NO 315/2018 OF KILIKKOOLLOR POLICE STATION

ANNEXURE 111 TRUE COPY OF ORDER DATED 1.7.2019 ISSUED BY COMMANDANT(IC) KERALA ARMED POLICE-V, IDUKKI BY WHICH HE WAS RETRENCHED FROM SERVICE WITH EFFECT FROM 12.6.2019