N.K. Balakrishnan, J.

1. The petitioner is the accused in C.C. NO. 486/2006 pending before JFCM - II, Ernakulam. Offence alleged against him is punishable under Section 509 I.P.C. The charge-sheet reads to the effect that on 14-5-2006 at about 7 a.m. the accused with the intention to insult the complainant abused her in the presence of the public. The accused is the Vicar of that Church. It is alleged that he asked “Daisy, why are you peeping Why are you standing here For peeping, nothing is being done here”. This according to the prosecution would attract the offence under Section 509 I.P.C. Section 509 I.P.C reads:-

“509. Word, gesture or act intended to insult the modesty of a woman - whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both”.

2. The learned counsel for the petitioner submits that there is no allegation to the effect that the a