Denson Varghese vs State Of Kerala

A.Badharudeen, J.

This is an application for regular bail filed under Section 439 of the Criminal Procedure Code by the second respondent in Crime No.1595 of 2022 of Pathanapuram Police Station where, the accused alleged to have committed offences under Sections 294(b), 332, 353 of the Indian Penal Code as well as under section 117(e) of the Kerala Police Act.

Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

I have perused the Case Diary materials produced by the learned Public Prosecutor.

The prosecution allegation is that at 23.15 hours on 18.12.2022, when the defacto complainant, who has been working as Civil Police Officer attached to the Pathanapuram Police Station, was on duty at Pathanapuram town, one person caught hold on his uniform and slapped him. The further allegation is that another person by name Nelson placed his hand on the bonnet of the Police jeep and made provocative statement to the CPO and also abused another CPO by name Shehir. Then, he jammed Shehir towards the jeep. Thereafter, both of them manhandled the police persons in uniform by obstructing their official duties. On that premise, prosecution alleges commission of the above said offences.

The learned counsel for the petitioner argued that the petitioner is innocent and no overt acts specifically stated in the First Information Statement against him. He also submitted that issuance of notice under Section 41A also was not complied.

According to the learned counsel for the petitioner, though the petitioner is having involvement in other crimes, the same is not a reason to deny the bail. According to him, taking note of the custody of the petitioner from 16.01.2023, the petitioner is liable to be released on bail.

Whereas, the learned Public Prosecutor strongly opposed bail, on the submission that, the petitioner, who is a habitual offender having involvement in five more crimes, out of which, two among those are of the year 2022, manhandled the Police Officers, while they are doing duty and therefore, the allegations are serious. In such a case, if the petitioner is released on bail, the same would be fatal to the investigation. In addition to that, the same would affect the law and order and maintenance of peace in the society. She also submitted that the arrest of the petitioner was effected on satisfying that his arrest was necessary.

I have perused the FIS, there is specific allegation that at 23.15 hours on 18.12.2022, when the defacto complainant, who has been working as Civil Police Officer attached to the Pathanapuram Police Station, was on duty at Pathanapuram town, one person caught hold on his uniform and slapped him. The further allegation is that another person by name Nelson placed his hands on the bonnet of the Police jeep and made provocative statement to the CPO and also abused another CPO by name Shehir. Then he squeezed Shehir towards the jeep and assaulted. Thereafter, both of them manhandled the police persons in uniform. Nelson who had done the above overt acts against the police is the petitioner herein.

The petitioner has been in custody from 16.01.2023 and the investigation involving allegation of very serious offences inclusive of obstruction of Police Officer from performing their duties is at the extreme initial stage. In such a case, grant of bail to the petitioner at this stage would not only hamper the investigation but also would adversely affect the maintenance of law and order. In order to maintain peaceful atmosphere in the society, police must be given protection. Treating assault against police in a light manner and granting bail to the accused in such cases will lead to anarchy. Therefore, the petition is  liable to dismissed.

Accordingly, this petition stands dismissed.

Registry is directed to forward copies of this the Jurisdictional Magistrate Court and the Sessions Court for information and further guidance.