SIRAJ POOKOTH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C. Petitioner is the sole accused in crime No. 522/2018 of Peravoor Police Station, Kannur District. The allegation of the prosecution was that at about 12.30 hrs on 19.07.2018, while the Administrative Meeting of Peravoor Grama Panchayath was going on, the petitioner who was a panchayath member made obstruction to the meeting and he uttered obscene words against the panchayath president, who is the de facto complainant in the case. The further allegation was that the petitioner threatened the de facto complainant and also beat him with hands.

(2.) According to Sri. Cibi Thomas, the learned counsel for the petitioner, allegations to attract the offence under Section 354 are not there in the First Information Statement lodged by the de facto complainant. According to him, in the absence of any allegations of the nature, absolutely no basis is there for the prosecution to incorporate the offence into the crime. Accordingly, he pleaded for enlarging the petitioner on pre-arrest bail.

(3.) The learned Public Prosecutor vehemently opposed the bail application. According to him, the only non bailable offence involved in the crime is Section 354 IPC. It is urged by him that since the offence involves gravity, this application is only to be dismissed.