CHENTHAMARA Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioner is aggrieved by the conviction under Section 51(a) of the Kerala Police Act, 1960 (in short, "the Act of 1960") awarded by the learned Judicial First Class Magistrate -III, Palakkad, which was confirmed in appeal by the learned Additional Sessions Judge, Palakkad.

(2.) PROSECUTION case is that on 21.10.1997 at about 22.45 hours in the night, the revision petitioner was seen in an inebriated mood at a place called Kinassery, near Palakkad. He was fully drunk and incapable of taking care of himself. He behaved in a disorderly manner at a road junction causing nuisance to the passers by through the public road. It is also alleged that he was uttering obscene words under the influence of alcohol. PW 1, Sub Inspector of Police, Town South Police Station, Palakkad detected the offence and filed a petty charge sheet before the learned Magistrate. Ext. P1 is the certificate of drunkenness proved through PW 2.

(3.) LEARNED counsel for the revision petitioner submitted that even going by the charge, the revision petitioner was found in a Village setting, called Kinassery, on 21.10.1997 at 22.45 hours allegedly in a drunken bout. According to the learned counsel, the area being a remote Village, the allegation that he caused nuisance to people cannot be accepted. Before examining that contention, Sec. 51 of the Act of 1960 can be seen.