ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.T. No. 929 of 2007 on the file of the Court of Judicial First Class Magistrate-II, Neyyattinkara arising from Crime No. 97 of 2007 of Vizhinjam Police Station. The accusation against the petitioner is one of commission of an offence under Section 48(c) of the Kerala Police Act, 1960. This petition is filed seeking quashment of Annexure-II final report laid in the aforesaid crime and all further proceedings pursuant thereto in S.T. No. 929 of 2007 on the file of the Court of Judicial First Class Magistrate-II, Neyyattinkara. I have heard the learned counsel for the petitioner and also the learned Public Prosecutor.

(2.) The learned counsel appearing for the petitioner drew my attention to Section 48(c) of the Kerala Police Act, 1960. It is submitted by the learned counsel that even if the entire allegations against the petitioner in Annexure-1 FIR and Annexure-2 final report are taken, in their entirety, as correct they would not attract the offence under Section 48(c) of the Kerala Police Act, 1960. To buttress the said contention the learned counsel relied on a decision of this Court in Ramakrishnan v. State of Kerala,1991 1 KerLT 870 wherein this Court held that besides physical presence in the premises, the prosecution must also show that the person had taken precautions for concealment and also made preparations for committing an offence. In the light of the contentions it is worthwhile to scan the allegations made against the petitioner. The gist of the allegations against the petitioner is that on 26.2.2007 at about 2.50 a.m. while the police party were on patrol duty, they saw the accused running away through a by-lane near Kamala Textiles at Vizhinjam junction. It is further alleged that on being questioned he could not give any satisfactory answer and therefore, it is presumed that he was present there at that time with an intention to commit theft. In the light of the contentions and the allegations it is apposite to refer to Section 48 of the Kerala Police Act, 1960 which reads as follows:-