ABID A.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C. The petitioner is the sole accused involved in Crime No.643 of 2018 of Hosdurg Police Station, Kasargod District.

(2.) The allegation of the prosecution was that at about 11.30 a.m on 20.06.2018 the petitioner along with other persons formed themselves into an unlawful assembly and in furtherance of the common object formed in the assembly, obstructed the defacto complainant from discharging his official duties. First Information Statement was lodged by defacto complainant raising the allegations as aforesaid and the crime in question was registered on its basis. Originally when the crime was registered, the offences punishable under Section 353 r/w 34 of Indian Penal Code alone was there. Subsequently on the basis of a report was filed by the investigating officer and offences punishable under Sections 143, 147 and 451 read with Section 149 IPC were added and Section 34 IPC was removed from the crime. Therefore the offences, the commission of which stand against the accused as on date are those punishable under Sections 143, 147, 353 and 451 r/w Section 149 IPC. The petitioner is of apprehension that he would be arrested and harassed by the police in the aforesaid crime and accordingly moved this application seeking pre-arrest bail.

(3.) According to Sri. P.E. Sajal, the learned counsel, the petitioner is a student of IELTS examination and intends to study Master of Business Administration abroad. According to him no serious specific overt acts are alleged against the petitioner. Accordingly he pleaded for enlarging the petitioner on pre arrest bail.