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2017 Supreme(Online)(KER) 27645

HIGH COURT OF KERALA
B.KEMAL PASHA, J
ROSHAN J.O. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.MOHAMED SABAH, SRI.ALEX M. THOMBRA

O R D E R

~ ~ ~ ~ ~ ~

Heard learned counsel for the petitioner and learned Public Prosecutor.

2. The petitioner is the sole accused in CC No.583/2016 of the Additional Chief Judicial Magistrate's Court, Ernakulam, which has arisen from Annexure-A2 final report in Crime No.306/2016 of Ernakulam Town North Police Station for the offence under Section 117(e) of the Kerala Police Act, 2011. The allegation against the petitioner is that on 28.06.2016 at 6.15 p.m., he entered the Ernakulam Town North Police Station and threatened and intimidated the police officers and attempted to take away an accused, who was placed under arrest.

Crl.M.C.8333/2016

3. The manner in which the petitioner had allegedly threatened or intimidated the police officers has not been described in any other records. The version given by the police is highly unbelievable. It cannot be believed that a person, who had allegedly entered in the police station and threatened and intimidated the police officers, was sent away by the police. This is yet another instance wherein the police officers are misusing the provisions contained in the Kerala Police Act.

4. There are no ingredients at all to invite an offence under Secti

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