KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner was convicted by the sub-Magistrate of Cannanore for an offence under S. 51 of the Kerala Police Act act 5 of 1961 and sentenced to suffer simple imprisonment for 7 days. His appeal before the District Magistrate of Tellicherry having proved unsuccessful he has come up in revision. THE charge against him was that on 3 81962 at 6-30 a. M. , he entered the Cannanore Railway Police Station and abused pw. 1 the sub-Inspector of Police in vulgar language and behaved indecently towards him. THE concurrent finding of fact that the accused did enter the police station and abused the Sub-Inspector of Police in vulgar and filthy language cannot be canvassed here in revision.

(2.) IT is, however, contended that even on the facts found an offence under S. 51 of the Kerala Police Act is not made out. The section deals with persons who are guilty of any violent, riotous, disorderly or indecent behaviour in any street or public place or in any court, police station, public office etc. If the prosecution case is true, as I hold it to be, it follows that the accused entered the police station and abused the officer-in-charge in a most filthy and indecent language and this would amount to behaving in an indecent manner.

(3.) REGARDING the question of sentence I am tempted to agree with the learned counsel that in the peculiar circumstances of this case sentence of imprisonment is not called for. In substitution of the sentence of imprisonment I sentence the accused to pay a fine of Rs. 50/-, in default to undergo simple imprisonment for two days. With this modification the revision petition is dismissed. Time for payment of fine a fortnight from this date.