Santhosh Kumar vs State Of Kerala
2021 Latest Caselaw 4863 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                        Crl.MC.No.4111 OF 2019(D)

 AGAINST THE ORDER/JUDGMENT IN CC 186/2018 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -I,KOTTARAKKARA

       CRIME NO.148/2018 OF EZHUKONE POLICE STATION, KOLLAM


PETITIONER/ACCUSED:

             SANTHOSH KUMAR, AGED 48 YEARS
             S/O. LATE SADASIVAN, THEKKEPEZHAVELIYIL, KOMALAPURAM
             VILLAGE, ARAYDU NORTH P.O,
             ALAPPUZHA-688 538.

             BY ADV. SRI.M.RAJESH

RESPONDENTS/COMPLAINANTS:

      1      STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA, ERNAKULAM-682 031

      2      THE SUB INSPECTOR OF POLICE,
             EZHUKONE POLICE STATION (KOLLAM DIST)-691 505.

      3      BIJU ABRAHAM,
             S/O. ABRAHAM, VADAKKEVILA VEEDU,
             AMBALATHUMKALA P.O , KOTTARACKARA (VIA),
             KOLLAM DISTRICT-691 505

             R3   BY   ADV.   SRI.S.RAJEEV
             R3   BY   ADV.   SRI.K.K.DHEERENDRAKRISHNAN
             R3   BY   ADV.   SRI.V.VINAY
             R3   BY   ADV.   SRI.D.FEROZE

             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4111 OF 2019(D)          2




                              ORDER

The challenge against the crime registered

under Section 294(b) IPC is that the words

alleged to have been uttered and specified in

the FIR will not constitute and satisfy

"obscenity" by relying on Chacko George v. State

of Kerala (1968 KHC 9), James Jose v. State of

Kerala (2019 (3) KHC 531) and P.T.Chacko v.

Nainan Chacko (1967 KHC 231). Going by the

words uttered and specified in the FIR, prima

facie it will satisfy the requirement. Then it

is a matter of evidence and cannot be a ground

to exercise the inherent power under Section 482

Cr.P.C.

2. Regarding personal appearance, the Trial

Court shall strike a balance between the

personal liberty and the necessity of fair trial

with the presence of accused, for which Trial

Court shall pass appropriate orders on

application.

Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE 1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME 148/2018 OF EZHUKONE POLICE STATION, KOLLAM (DIST).

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE