CHILLIKKODATHIL MANUEL AUGUSTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) A novel question, arising in peculiar circumstances, arises for determination in this revision.

(2.) SRI R. Mohan Kumar, Sub-Inspector of Police, Ernakulam Town North Police Station, filed a complaint before the Additional Judicial First Class Magistrate, Ernakulam, alleging that the accused Sri. K. G. Nair committed an offence under Section 51 (a) of the Kerala Police Act on 8. 11. 1980 when he, in a drunken state behaved in a disorderly manner in a public place. The Magistrate took the case on file on 13. 11. 1980 and issued summons to the accused and posted the case to 29. 11. 1980. The accused appeared on the 28th itself, pleaded not guilty ad was enlarged on bail He was also exempted from personal appearance. The case was posted to 31. 12. 1980.

(3.) ON 29. 11. 1980, the petitioner herein and another filed an application purporting to be under Sections 257 and 259 of the Code, alleging that they were present to witness the disorderly behaviour of the accused in the public road near the Mathrubhumi, that there are records in the police control room to show that the accused assaulted the watchman at the gate of the Mathrubhumi, they were themselves assaulted and that they apprehend that the police in collusion with the accused is not likely to prosecute the case, that there was every likelihood of the case being withdrawn, and that they are prepared to give evidence in support of the prosecution. The Court ordered notice to the Assistant Public Prosecutor and posted the same to 31. 12. 1980 when the case was also posted for evidence.