RILGIN V. GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

(2.) The petitioners are the accused in crime No.171/2021 of Ernakulam Central Police Station. The above case is registered against the petitioner and others alleging offences punishable under Section 143, 147, 148, 353, 323, 294(b) r/w 149 of the Indian Penal Code.

(3.) The prosecution case in brief is that the defacto complainant who is working as Circle Inspector of Police, Backel Police Station had come to the High Court in connection with an enquiry being conducted against him about an incident on the basis of a complaint filed by one of the accused in this case regarding a traffic incident in which that accused was taken into custody by the Police and ill treated from Cherthala Police Station. He was a lawyer. Several Advocates gathered before the Cherthala Police Station for the release of that accused. According to the lawyers, the Police ill treated that lawyer without any reason. In connection with the same, an enquiry was being conducted by the higher Police Officers and the Advocate General on 15.02.2021 at the office of the Advocate General within the premises of the High Court. The lawyer who was ill treated by the Police and the Police Officer was present for attending the enquiry. After the enquiry, on his way out of the High Court premises, by the Police Officer, the lawyers including the petitioners formed an unlawful assembly, committed riot armed with deadly weapons and in the prosecution of the common object hurled abuses at him and deterred him from performing his duty as a public servant and also assaulted him.