AJITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.170 of 2023 of Athirappally Police Station, Thrissur District, registered for offences punishable under Ss. 143, 145, 147, 294(b), 341, 342, 332, 353 and 506 r/w Sec. 149 of the IPC, A2, A4, A5 and A6 in BA No.7134/2023, A3 and A8 in BA No.7092/2023, A7 in BA No.7142/2023, A9 and A10 in BA No.6964/2023, A11 and A12 in BA No.6935/2023, A13 and A14 in BA No.7088/2023 have filed this petition seeking pre-arrest bail.

(2.) The prosecution allegation is that on 07/08/2023 at about 8.00 p.m., the police officers on intimation that the first accused was selling foreign-made liquor near the Kannankuzhi waiting shed arrived there for inspection and they were detained and was obstructed in the discharge of their duties by the first accused and other 25 identifiable persons.

(3.) Learned counsel for the petitioners submitted that the police initially had come in civil dress in a vehicle with a Maharashtra registration to apparently apprehend a person who was allegedly and unauthorisedly selling IMFL at Athirappally. He mistakenly thought it was A1 and tried to arrest him by dragging him. He shouted and accordingly, the other people of the locality objected to him being taken without knowing that the person in civil dress was a police officer. It is also pointed out that A9 and A10 are the son and son-in-law of A1, while A13 and A14 are the wife and daughter of A1. A8 is a forest guard also hailing from the same area and others are the locals, who came to the scene of the occurrence. They submitted that there was no force used against the police for inviting Sec. 353 IPC and thus prayed for granting them anticipatory bail.