SUBEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking pre-arrest bail. The petitioner is the first accused in Crime No.48/2018 of Shornur Police Station, registered against him alleging commission of the offences punishable under Sections 225B and 353 IPC.

(2.) The case of the prosecution was that on 14.01.2018 at about 1 p.m. The petitioner caused obstruction to the defacto complainant, the Inspector of Excise, Kalikavu Range, Malappuram from discharging his official duties by getting himself liberated from the lawful custody of the defacto complainant who arrested him for having found with Ganja weighing 100 gms. in his possession. It is the allegation of the prosecution that he escaped with handcuffs on his left hand from the custody of the officials. The Excise Inspector lodged a complaint before the Shornur Police Station, Palakkad District and the crime in question was registered on its basis.

(3.) According to the learned counsel appearing for the petitioner, the petitioner is innocent of the allegations raised by the Excise Inspector in his complaint. According to him, the petitioner was totally unaware of the allegations and those are raised against him without any basis. According to him, four persons unknown to him reached in a Maruti Swift car, trespassed into his house and tried to take him forcibly in the car and then, the people from the neighbourhood obstructed. According to him, none among the people, who came there, were in uniform and the intervention of the neighbours was without any knowledge about the purpose behind their visit. The petitioner has not done anything. According to him, since the Police had come in search of him, he is of apprehension that he may be arrested by them. Accordingly, he seeks for a favourable consideration of his application seeking for pre-arrest bail.