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Kerala High Court Denies Anticipatory Bail To Man Booked For Assaulting Advocate Commissioner, Says Such Attacks Threaten Judicial System
Tellmy Jolly
4 April 2024 1:45 PM IST
The Kerala High Court has refused anticipatory bail to a 31 years old Malappuram resident booked for attacking an Advocate Commissioner appointed by the Court to carry out local investigation.Justice A. Badharudeen remarked that an attack against courts and its officials cannot be taken lightly and should be dealt with seriously as it amounts to an attack against the judiciary.“An...
The Kerala High Court has refused anticipatory bail to a 31 years old Malappuram resident booked for attacking an Advocate Commissioner appointed by the Court to carry out local investigation.
Justice A. Badharudeen remarked that an attack against courts and its officials cannot be taken lightly and should be dealt with seriously as it amounts to an attack against the judiciary.
“An Advocate Commissioner is an officer of the court and the work of the Commissioner is part of administration of justice by the court. Therefore, attack against an Advocate Commissioner, while doing the assigned duty by a court of law to be stemmed as attack against the judiciary and such attacks could not be pardoned or viewed lightly. Holding so, this is not a fit case to grant anticipatory bail to the petitioner.”
A crime was registered against the petitioner as first accused at the Tirur Police Station in Malappuram district for allegedly obstructing, attacking and outraging the modesty of an Advocate Commissioner who was on official duty.
The crime was registered under Sections 353 (assault or criminal force to deter public servant from duty), 354 (assault or criminal force for outraging the modesty of a woman), 341 (punishment for wrongful restraint) and 342 (punishment for wrongful confinement) read with Section 34 (common intention) of IPC.
The Court stated that a prime facie case was made out by the prosecution. It said that the attack on courts and officials of the court cannot be viewed lightly as it was a threat against the judiciary.
“It is heart breaking to note that the tendency to attack courts and officials of the court has been a new threat to the smooth functioning of the judicial system. If such acts/attempts are viewed lightly, the very existence of judicial system will be in peril, which would tantamount to deterioration of the democratic principles enshrined in the Constitution of India.”
The Court held that any attempt to attack the court or its officials would be dealt with seriously and strict and stern action would be taken against the culprits.
Accordingly, the Court rejected the anticipatory bail application filed by the petitioner and directed him to surrender before the investigating officer.
Counsel for Petitioner: Advocates P M Ziraj, Irfan Ziraj
Counsel for Respondents: Public Prosecutor M P Prashanth
Citation: 2024 LiveLaw (Ker) 223
Case title: Anwar Sadique K v State of Kerala
Case number: Bail Appl. No. 2703/2024
