IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2042 of 2008() ------------------------- CRIME NO. 493/05 OF ALUVA POLICE STATION CC.1214/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ------------ 1. ANANDAN PILLAI, S/O. AYYAPPAN PAADATHY HOUSE, VALAVAZHI ROAD ANGAMALI P.O. 2. REMA D/O. AYYAPPAN, DO. DO. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K. VENUGOPAL, DETECTIVE INSPECTOR CBCID, CRIME BRANCH OFFICE PANAMPILLY NAGAR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2042 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 353, 294B and 225 B r/w. 34 I.P.C. The crux of the allegations against the petitioners is that they, in furtherance of their common intention, caused obstruction for the due discharge of the official duty by a police officer, who had arrested their brother and had produced before Court and obtained police custody of such accused. It is contended that in the premises of the Court obscene words were showered on the police officer by the petitioners. 2. Crime was registered. Investigation was conducted. Final report was filed raising specific allegations against the petitioners. The learned counsel for the petitioners submits that the allegations are totally unjustified and even if accepted cannot attract the offence alleged against the petitioners. 3. At this early stage of the proceedings I shall not embark on a detailed discussion as to whether the allegations can be Crl.M.C.No. 2042 of 2008 2 believed and whether they, if believed, can constitute the offence alleged against the petitioners. I am refraining from such detailed consideration lest any expression of opinion, though it is not intended to be final, may adversely affect the interests of the petitioners. Suffice it to say that, after having carefully considered the nature of the overt act alleged against the petitioners, I am satisfied that the allegations, if proved, deserve closer and detailed consideration by the learned Magistrate. In these circumstances, without expressing any specific opinion as to whether the words used can be said to amount to obscenity etc. I am satisfied that the matter deserves to be relegated to be considered in the course of proceedings before the learned Magistrate. 4. With the above observations this Crl.M.C. is dismissed. I may hasten to observe at the risk of repetition that I have not intended to express any opinion about the acceptability of the allegations raised. (R. BASANT) Judge tm Crl.M.C.No. 2042 of 2008 3