IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4214 of 2011() ------------------------- PETITIONERS/A3 & A5: ---------------------------- 1. AJAYAN, AGED 32 YEARS, S/O.SIVADASAN, PUTHAN VEEDU, KALPATHY P.O., PALAKKAD-3. 2. K.MADHU, AGED 39 YEARS, S/O.KUMARAN, SURABHI, KALLEPPULLY, KALPATHY P.O., PALAKKAD-3. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 4214 of 2011() -------------------------------- APPENDIX -------------- PETITIONER(S) EXHIBITS ------------------------------ ANNEXURE A: CERTIFIED COPY OF THE FIR IN CRIME NO.636/2011 OF PALAKKAD TOWN SOUTH POLICE STATION. ANNEXURE B: TRUE COPY OF THE FIR IN CRIME NO.638/2011 OF PALAKKAD TOWN SOUTH POLICE STATION. ANNEXURE C: TRUE COPY OF THE APPLICATONS SUBMITTED BY THE PALAKKAD TOWN SOUTH POLICE BEFORE THE JUDICIAL FIRST MAGISTRATE COURT III INCRIME NO.636/2011. ANNEXURE D: TRUE COPY OF THE NOTICE ISSUED BY THE COURT BELOW TO THE PETITIONERS, ON 1/10/2011 IN CRIME NO.636/2011. ANNEXURE E: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN CRIME NO.636/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III,PALAKKAD DATED 19/10/2011. RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4214 of 2011 ----------------------------------- Dated this the 21st day of December 2011 O R D E R Petitioners are accused Nos.3 and 5 in Crime No.636/2011 of Palakkad Town South Police Station. There was a protest march/procession conducted by a political party to protest against the pathetic condition of the public road and to bring it to the notice of the Municipality and the state administration to cause repair of the roads. It is pertaining to that incident a crime has been registered by the police. Learned Public Prosecutor submits that after the protest march the accused abused the police. It is only stated that the accused used “അസഭവകകള ”. The obscene words are not seen mentioned in the complaint. Evidently such a statement has been made to incorporate Sec.294(b) IPC, the learned counsel for the petitioners submits. Since the protest march was peaceful and there Crl.M.C. No.4214 of 2011 -: 2 :- was no other hindrance, the contention that there was an unlawful assembly or that obstruction was caused to public road is also untenable, the learned counsel submits. It is also submitted that there is no specific allegation to show that these petitioners had actually caused obstruction to the public way. Learned counsel submits that the only intention was to hold a protest march for a public cause to bring it to the notice of the authorities the pathetic condition of the public roads and not to obstruct public way or do any other offending act. 2. Considering all the aspects, the proceedings against these petitioners (against these petitioners alone) in Crime No.636/2011 of Palakkad Town South Police Station will stand quashed. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt