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2011 Supreme(Ker) 1128

N.K.BALAKRISHNAN
Shybu Mathew – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:Saritha Thomas & Alex M. Scaria, Advocates
For the Respondent: Public Prosecutor (Rajesh Vijayan)

ORDER :

1. The petitioner is the sole accused in C.C. No.158 of 2011 on the file of the J.F.C.M. Court-I, Sultbtan Bathery. The charge sheet was laid against him by the police alleging commission of offence under Section 118(a) of the Kerala Police Act, 2011. The allegation against him is that he was found intoxicated in a public vehicle (Bus No. KL-12D-9218) and was in a rioting condition incapable of looking after himself and causing nuisance to the passengers in the bus. The incident, according to the prosecution, took place on 31.3.2011 at 5.50 A.M. The petitioner contends that the case is a false and foisted one. According to him he was sitting comfortably in his seat. When another passenger demanded, he was not ready to vacate the seat and he happened to laugh at him in a sarcastic manner. Thereafter the police came and arrested him.

2. The learned counsel for the petitioner submits that the certificate issued by the doctor would show that he was not under the influence of liquor. The petitioner contends that the allegations made in the F.I.R. and in the charge sheet do not disclose an offence under Section 118(a) of the Act and as such the final report filed by the police is t





















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