SHIBIN SHIYAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the police officer in Mufti can arrest a person without showing his identity card is the question to be decided in this bail application.

(2.) This Bail Application is filed under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by the accused in Crime No. 1482/2024 of Kottayam East Police Station. The petitioner is the 1st accused. The above case is registered against the petitioner and others alleging offences punishable under Secs. 189(2), 191(2), 191(3), 190, 115(2), 132, 123 and 121(1) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

(3.) The above case is registered based on the statement given by the Grade Sub Inspector, Antony Michael attached to Vakathanam Police Station. The statement was given on 24/10/2024 at 8.30 pm. According to the Sub-Inspector, he and CPO 8130 Shebin Peter were on Mufti duty in connection with the NDPS Special Drive. They were travelling on a motorbike within the jurisdiction of their Police Station. On that day, at 4.30 pm, when they reached Kaithepalam bridge, they joined duty with the mobile party of Kottayam East Police Station. At that time, the defacto complainant and the policeman accompanying him found two persons going on a bike and when there was a suspicion about them, the defacto complainant and the accompanying policeman followed them. At that time, they saw the persons, who were on the bike chatting with three other individuals. The defacto complainant and the accompanying policeman stopped the bike and informed them that they were policemen and asked them why they were standing there. At that time, it is stated that two of them sprayed a liquid on their face and body. Thereafter, they ran away from the place. Subsequently, the East Police Station SI and the police party stopped three persons among them. The defacto complainant and the accompanying police constable went to the hospital for treatment. Hence, it is alleged that the accused persons wrongfully restrained and deterred the public servants from discharging their official duty. Hence, it is alleged that the accused committed the offences.