Kerala High Court
Paulose Xavier vs State Of Kerala on 6 August, 2025
2025:KER:58857
Crl.M.C.No.4375/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
CRL.MC NO. 4375 OF 2025
CRIME NO.2126/2023 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1985 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCUSED:
PAULOSE XAVIER
AGED 75 YEARS
S/O PAULOSE, NILA HOUSE, MANIKATH ROAD, KOCHI, PIN -
682016
BY ADVS.
SHRI.SASI M.R.
SMT.N.P.SILPA
SMT.KAVYA KRISHNAN
SMT.DHARMYA M.S
SHRI.S.SAJIT SANAL
RESPONDENT/STATE/INVESTIGATING OFFICER & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM
DISTRICT, PIN - 682015
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3 MANASA T K
AGED 20 YEARS
D/O RAMAKRISHNAN, THATTANIKUZHIYIL HOUSE,
EDATHILUMUKKU, MEPPIYOOR VILLAGE, KOZHIKODE, PIN -
673305
OTHER PRESENT:
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:58857
Crl.M.C.No.4375/2025
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ORDER
The petitioner is the accused in C.C.No.1985 of 2023 on
the files of the Additional Chief Judicial Magistrate Court
(Economic Offences), Ernakulam, which arose out of Crime
No.2126/2023 of Ernakulam Town South Police Station,
Ernakulam. The offence alleged against him is under Section
354 of the Indian Penal Code, 1860.
2. The prosecution case is that on 15.09.2023 and
16.09.2023, the petitioner outraged the modesty of the de facto
complainant and her friend (CW3), who were residing in the
upper floor of the house of the petitioner as tenants. It is alleged
that the petitioner had pushed aside CW3 by her breast at
about 6.00 a.m on 15.09.2023, when they came to the
residence of the petitioner to sort out the issue regarding
accommodating one of their friends as a tenant in the building
belonging to the petitioner, where they had been residing.
Thereafter, on 16.09.2023, the petitioner allegedly pushed aside
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the de facto complainant, by her lower abdomen, when they
came to his residence for having discussions on the issue
relating to the tenancy. The case has been registered on the
basis of the First Information Statement given by the de facto
complainant to the Sub Inspector of Police of Ernakulam Town
South Police Station on 17.09.2023.
3. After the completion of investigation, the Sub
Inspector of Police of Ernakulam Town South Police Station,
filed the Final Report alleging the commission of offence under
Section 354 of the IPC by the petitioner.
4. In the present petition, the petitioner would contend
that he is totally innocent, and that he has been falsely
implicated in this case.
5. According to the petitioner, a false case has been
foisted against him, since he objected to the unwarranted
activities of the de facto complainant and her friends in the
tenanted premises.
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6. Heard the learned counsel for the petitioner, and the
learned Public Prosecutor representing the State of Kerala.
7. As already stated above, two incidents are projected
in the First Information Statement given by the de facto
complainant with regard to the alleged act of the petitioner,
outraging the modesty of the de facto complainant and another
girl. In the first incident, the petitioner allegedly pushed CW3 by
her breast, when they came for a discussion with him and his
wife, with regard to the accommodation to be provided to
another girl in the rented building. In the second incident, the
petitioner allegedly pushed aside the de facto complainant by
touching her stomach, when she, along with her friends, came
to the residence of the petitioner on 16.09.2023, for talks
towards sorting out the issues relating to the tenancy.
8. With regard to both these incidents, the allegation is
that the petitioner committed those acts under the heat of anger.
So also, both these incidents are said to have happened in the
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presence of the wife of the petitioner. It is not possible to
discern from the First Information Statement, or the other
statements given by the friends of the de facto complainant that
the petitioner committed the aforesaid acts with the intention to
outrage the modesty of those girls. So also, it is not possible to
say that he was having the knowledge that the aforesaid act of
pushing aside those girls would amount to outraging their
modesty. It seems that this crime is the offshoot of the tenancy
issues relating to the accommodation provided to the de facto
complainant and her friends in the first floor of the house of the
petitioner.
9. It is not possible to say, on the basis of the available
prosecution records, that the petitioner committed the alleged
acts with the intention to outrage the modesty of the de facto
complainant and her friend or with the knowledge that the
alleged acts would amount to outraging their modesty.
10. In that view of the matter, the continuation of the
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prosecution against the petitioner, in connection with the
commission of offence under Section 354 IPC, can only be
termed as an abuse of process of the court. That being so, the
prayer in this petition to quash the proceedings against the
petitioner, is fully justified.
In the result, the petition stands allowed. The proceedings
against the petitioner/accused in C.C.No.1985 of 2023 on the
files of the Additional Chief Judicial Magistrate Court (Economic
Offences), Ernakulam, which arose out of Crime No.2126/2023
of Ernakulam Town South Police Station, Ernakulam, are
hereby quashed.
sd/
G.GIRISH
JUDGE
jm/
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PETITIONER ANNEXURES
Annexure A2 ACCUSED COPY OF THE FINAL REPORT DATED
16.09.2023 IN C.C. NO. 1985/2023 ON THE FILE
OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT (EO), ERNAKULAM
Annexure A3 A TRUE COPY OF THE RENT AGREEMENT DATED
06/06/2023
Annexure A4 A TRUE COPY OF THE DISCHARGE SUMMARY FROM
MEDICAL TRUST HOSPITAL DATED 01/07/2010
Annexure A5 A TRUE COPY OF PRESCRIPTION CHIT DATED
02/02/2023 FROM LAKSHMI HOSPITAL, ERNAKULAM
