ABDULLA C. H. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is for anticipatory bail.

(2.) Petitioners have filed this petition alleging that they received notices from the police, which are Annexure G series directing them to report before the Kasargod Police Station for the purpose of investigation in a complaint filed against them. On enquiry, they came to know that some allegations made against petitioners by the Port Conservator. They also understand that Crime No. 754/2008 was registered against them under S.481 and 353 read with 34 of the Indian Penal Code and 3(1) of the Prevention of Damages to Public Property Act. But, they do not know the nature of allegations made. In the peculiar circumstances under which a crime was registered they believe that they would be arrested in connection with the non bailable offence.

(3.) In the light of the submissions made, learned Public Prosecutor was asked to state the facts. He narrated the allegations made against petitioners. According to him, the Port Conservator filed a complaint alleging that petitioners trespassed into the office of the Port Conservator on 18/09/2008 at about 11 a.m. with an application seeking some information under the Right to Information Act addressed to the Port Conservator. De facto complainant was not present in the office and hence, the application was handed over to the Sweeper in the office. The Sweeper returned the application to petitioners and they took some photographs in mobile phone of certain passes found in the office which were issued for transportation of sand. They also tore off some records available in the office and this information was conveyed to de facto complainant over phone. He gave a complaint and a crime was registered under S.451, 353 and 34 of the Indian Penal Code and 3(1) of the PDPP Act.