SAJEEV GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 1st accused in Crime No.1783 of 2017 of the Varkkala Police Station, registered alleging offence punishable under Sections 294(b) & 332 read with Section 34 of the IPC and Sections 15(1) read with Section 63 of the Abkari Act.

(3.) The aforesaid Crime was registered at the instance of a Civil Police Officer of the Varkala Police Station. According to the complainant, on 24.9.2017, while he along with one Bijoy, who is a Civil Police Officer, were on patrol duty, they were informed by the Sub Inspector over phone at about 9.35 p.m, that a person had been restrained by the public near the Thoduway bridge and they were directed to proceed to that particular place. On reaching the said place, they chanced across a group of persons numbering five consuming alcohol in the open. Two of them took to their heels after throwing off the bottles. The rest of the persons were intercepted. One of them claimed to be a Journalist. He started questioning the authority of the police and abused the policemen. When an attempt was made to remove him to the Police Station, his friends resisted. Thereafter, one of the men in the group is alleged to have assaulted the de facto complainant. The incident was immediately reported to the Sub Inspector of Police. Immediately thereafter, the petitioner as well as his friend are alleged to have assaulted the policemen. In the meanwhile, the Sub Inspector reached the spot. One of the accused managed to escape. The friend of the petitioner was apprehended. When the policemen made an attempt to arrest the petitioner, his wife came to the spot and took him home. As there were no women constables, they did not attempt to arrest him. It is on these allegations that the Crime was registered.