Kerala High Court
Jomon vs State Of Kerala on 10 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.6273 of 2018
1
2024:KER:75550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 6273 OF 2018
CRIME NO.676/2017 OF MANIMALA POLICE STATION, KOTTAYAM
NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT - II, KANJIRAPPALLY, KOTTAYAM DISTRICT AS CC
NO.471 OF 2017
PETITIONER/ACCUSED:
JOMON
AGED 39 YEARS
S/O. GEORGE, AMBALATHUMKAL HOUSE,
KOOTHALAPADY BHAGOM, VELLAVOOR, MANIMALA,
KOTTAYAM DISTRICT.
BY ADV K.M.JAMALUDHEEN
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA, REP. BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -
682 031 (INSTRUCTIONS THROUGH THE STATION
HOUSE OFFICER, MANIMALA POLICE STATION IN
KOTTAYAM DISTRICT - 686 541)
2 ELIKKUTTY
AGED 67 YEARS
W/O. GEORGE, RESIDING AT AMBALATHUMKAL HOUSE,
KOOTHALAPADY BHAGOM, VELLAVOOR, MANIMALA,
KOTTAYAM DISTRICT - 686 541.
BY ADV.SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.6273 of 2018
2
2024:KER:75550
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.6273 of 2018
----------------------------------------------
Dated this the 10th day of October, 2024
ORDER
Petitioner is the accused in C.C. No.471/2017 on
the file of the Judicial First Class Magistrate Court - II,
Kanjirappally arising from Crime No.676/2017 of
Manimala Police Station.
2. The above case is registered based on the
statement given by the 2nd respondent herein who is
the mother of the petitioner. The case is charge
sheeted against the petitioner alleging offence
punishable under Section 506(i) IPC and also under
Section 24 of the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007 (for short 'Act 2007').
Annexure - 1 is the First Information Report.
3. The allegation in the complaint is as follows:
2024:KER:75550
The 2nd respondent is a widow and is the mother
of the petitioner. She has three children and that her
daughter Jolly was married to Thuruthiyil. Younger son
Joshi is employed in Gulf. Elder son Jomon, who is the
petitioner herein, is residing near Vettuveli bhagam.
According to the complainant, till Joshi left for gulf, he
used to enquire about her. Her daughter also used to
enquire about her. According to the complainant, she is
finding it difficult due to her old age and diseases. The
petitioner, who is responsible for protecting and
safeguarding her, is not protecting her properly. Hence
the complaint is filed. According to the complainant,
she is staying in other houses, and she even
complained to the Member of the local Panchayath
about the attitude of the petitioner for not maintaining
her. When the Member of the Panchayath called the
petitioner and asked him to look after his mother, he
2024:KER:75550
told him that his wife did not like to take the mother to
his house and that he is in Wayanad. According to the
complainant, the accused committed the above said
offence. Annexure - 2 is the final report. According to
the petitioner, even if the entire allegations are
accepted, no offence is made out.
4. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
5. Admittedly, the defacto complainant is the
mother of the petitioner. Therefore, I am of the
considered opinion that, whether the offence under
Section 24 of Act 2007 is attracted or not is a matter of
evidence. Therefore, I am not inclined to interfere with
the charge alleged against the petitioner under Section
24 of Act 2007.
6. The other offence alleged is under Section
506(i) IPC. The allegation against the petitioner in the
FIR is extracted hereunder:
2024:KER:75550
"xxxxxxxx കകകോതലപ്പടടിയടിലുള്ള 8 സസെനന്റ് സ്ഥലവവും വവീടവും
കജകോഷടികവും, കജകോളടികവും എഴുതടിസയകോ എനന്റ് കജകോകമകോൻ
എകനകോടന്റ് കചകോദടിച, ഞകോൻ ഏർപ്പകോടന്റ്
ആകടിയടിരടികകയകോസണെനന്റ് പറഞ്ഞകപ്പകോൾ 8 .06 .17 തവീയതടി
അവൻ, എസന കകോണെടിചതരകോവും എനന്റ് പറഞ്ഞന്റ്
ഭവീഷണെടിസപ്പടതടിയടിരുന. xxxxx"
7. The final report is Annexure - 2. The
allegation in the final report is extracted hereunder:
"വടിധവയവും, കരകോഗതകോലുവും മറവും ബുദടിമുടന്റ് അനുഭവടിച
വരുനതവും 66 വയസ്സുള്ളതമകോയ 1-)o സെകോകടിസയ ടടിയകോൾ
തകോമസെടിചവനടിരുന സവള്ളകോവൂർ വടികല്ലേജടിൽ കടയനടികകോടന്റ്
കരയടിൽ കകകോതലപ്പടടി ഭകോഗതന്റ് സവള്ളകോവൂർ
ഗകോമപഞകോയതന്റ് VII-)o വകോർഡടിൽ 423-)o നമ്പർ കടിഴകന്റ്
ദർശനതടിലുള്ള അമ്പലത്തുങ്കൽ വവീടടിലുവും പരടിസെരത്തുവും
സവചന്റ് 1-)o സെകോകടിയസട മകൻ ആയ പ്രതടി കവണ്ടവടിധവും
സെവുംരകടികകോസതയവും 20.06.16 തവീയതടി മുതൽ നകോളടിതവസര
പരടിതത്യജടിചവും, ഭവീഷണെടിസപ്പടത്തുകയവും സചയ്തു പ്രതടി കമൽവകപ്പന്റ്
പ്രകകോരമുള്ള ശടികകോർഹമകോയ കറവും സചയ്തു എനള്ളതന്റ്."
8. Whether the above allegation amounts to the
2024:KER:75550
offence under Section 506(i) IPC is the question to be
decided in this case. The Apex Court considered the
ingredients of Section 506(i) IPC in detail in Manik
Taneja and anr. v. State of Karnataka and anr.
[2015 KHC 4046]. The relevant portion of the above
judgment is extracted hereunder:
"13. S.506 IPC prescribes punishment for the
offence of criminal intimidation. "Criminal
intimidation" as defined in S.503 IPC is as
under:
"503. Criminal Intimidation.-- Whoever
threatens another with any injury to his person,
reputation or property, or to the person or
reputation of any one in whom that person is
interested, with intent to cause alarm to that
person, or to cause that person to do any act
which he is not legally bound to do, or to omit
to do any act which that person is legally
entitled to do, as the means of avoiding the
execution of such threat, commits criminal
intimidation.
Explanation.-- A threat to injure the reputation
of any deceased person in whom the person
threatened is interested, is within this section."
2024:KER:75550
14. A reading of the definition of "Criminal
intimidation" would indicate that there must be
an act of threatening to another person, of
causing an injury to the person, reputation, or
property of the person threatened, or to the
person in whom the threatened person is
interested and the threat must be with the
intent to cause alarm to the person threatened
or it must be to do any act which he is not
legally bound to do or omit to do an act which
he is legally entitled to do.
15. In the instant case, the allegation is that
the appellants have abused the complainant
and obstructed the second respondent from
discharging his public duties and spoiled the
integrity of the second respondent. It is the
intention of the accused that has to be
considered in deciding as to whether what he
has stated comes within the meaning of
"Criminal intimidation". The threat must be with
intention to cause alarm to the complainant to
cause that person to do or omit to do any work.
Mere expression of any words without any
intention to cause alarm would not be sufficient
to bring in the application of this section. But
material has to be placed on record to show
that the intention is to cause alarm to the
2024:KER:75550
complainant. From the facts and circumstances
of the case, it appears that there was no
intention on the part of the appellants to cause
alarm in the minds of the second respondent
causing obstruction in discharge of his duty. As
far as the comments posted on the Facebook
are concerned, it appears that it is a public
forum meant for helping the public and the act
of appellants posting a comment on the
Facebook may not attract ingredients of criminal
intimidation in S.503 IPC."
(underline supplied)
9. In the light of the above principle, this Court
considered the FIR and the final report. I am of the
considered opinion that the offence under Section
506(i) IPC is not made out in the facts and
circumstances of this case. Therefore, the offence
under Section 506(i) IPC alleged in Annexure - 2 final
report can be set aside. But the petitioner has to face
trial for the offence under Section 24 of Act 2007.
Hence, this Criminal Miscellaneous Case is
disposed of in the following manner:
2024:KER:75550
1. The offence under Section 506(i) IPC
alleged in Annexure - 2 final report
pending before the Judicial First
Class Magistrate Court - II,
Kanjirappally as C.C. No.471/2017 is
set aside.
2. The petitioner has to face trial based
on Annexure - 2 final report under
Section 24 of the Maintenance and
Welfare of Parents and Senior
Citizens Act, 2007.
The Registry will forward a copy of this
order to the jurisdictional court forthwith.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
2024:KER:75550
PETITIONER ANNEXURES
ANNEXURE P1 CERTIFIED COPY OF THE FIR IN CRIME
NO. -0676/2017 OF MANIMALA POLICE
STATION DATED 20.06.2017 ALONG WITH
FIRST INFORMATION STATEMENT OF THE
2ND RESPONDENT.
ANNEXURE P2 CERTIFIED COPY OF THE CHARGE IN CRIME
NO. 0676/2017 OF MANIMALA POLICE
STATION
ANNEXURE P3 TRUE COPY OF THE PLAINT IN O.S. NO.
17/2015 OF THE MUNSIFF COURT,
CHANGANASSERY.
ANNEXURE P4 TRUE COPY OF THE JUDGMENT IN O.S. NO.
17/2015 OF THE MUNSIFF COURT,
CHANGANASSERY DATED 10.04.2015.
ANNEXURE P5 TRUE COPY OF THE DEED NO. 1784/1/2014
OF THE KARUKACHAL SUB REGISTRY DATED
10.10.2014.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
