Legal News - 11th July 2020

By - Neha Goenka


Kerala HC grants bail to advocate clerk. Who was accused of interrupting into

proceedings.


The Kerala High Court has granted bail to an Advocate clerk in a case registered on the basis of a complaint by a Family Court Judge that he had interrupted the Court proceedings and had used filthy language at a police constable.


Based on the complaint of the judge, the police had registered a case against the clerk,

alleging Sections 353, 354(A)(1)(iv) and 509 of IPC.


Justice P.V.Kunhikrishnan ,after hearing the petitioner and the prosecution, observed that the

essential requisites of Section 353 IPC -conduct of assault or criminal force to deter public

servant from discharge of his duty – was absent in the instant case. And the rest of the

charges level against the petitioner are regarding bailable offences, observed by the Court.


Background

The Complaint of the Judge was based on the alleged incident that the petitioner, who is an

Advocate clerk had interrupted the court proceedings of the Family Court Etumanoor while

the Court session was progressing. And on this account, when the police tried to question the petitioner the petitioner had misbehaved to the police constable. The Family Court Judge

based on the information received from the respective police constable had sent a complaint

to the Superintendent of Police, Kottayam, which was forwarded to the Ettumanoor Police

Station and the Ettumanoor Police registered the case against the Petitioner.

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