SHYBU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in C.C. No.158 of 2011 on the file of the J.F.C.M. Court-I, Sultbtan Bathery. The charge sheet was laid against him by the police alleging commission of offence under Section 118(a) of the Kerala Police Act, 2011. The allegation against him is that he was found intoxicated in a public vehicle (Bus No. KL-12D-9218) and was in a rioting condition incapable of looking after himself and causing nuisance to the passengers in the bus. The incident, according to the prosecution, took place on 31.3.2011 at 5.50 A.M. The petitioner contends that the case is a false and foisted one. According to him he was sitting comfortably in his seat. When another passenger demanded, he was not ready to vacate the seat and he happened to laugh at him in a sarcastic manner. Thereafter the police came and arrested him.

(2.) The learned counsel for the petitioner submits that the certificate issued by the doctor would show that he was not under the influence of liquor. The petitioner contends that the allegations made in the F.I.R. and in the charge sheet do not disclose an offence under Section 118(a) of the Act and as such the final report filed by the police is to be quashed.

(3.) 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 .............. shall, on conviction be punishable with imprisonment for a term which may extend to three years or with fine not exceeding ten thousand rupees or with both." The word 'intoxicated' is not defined under the Act. The learned counsel would submit that in Advanced Law Lexicon by P. Ramanatha Aiyar, the meaning of the word 'intoxicated' is given as: