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2024 Supreme(Online)(KER) 36575

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
RUKKIYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.VIJAYA BHANU (SR.), SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.P.M.RAFIQ, SRI.THOMAS J.ANAKKALLUNKAL, SRI.V.C.SARATH, SRI.VIPIN NARAYAN, SMT.POOJA PANKAJ, SRUTHY N. BHAT, SRI.RENJITH.T.R, SR.PP

O R D E R

The petitioner is the accused in CC No.1347/2015 on the file of Judicial First Class Magistrate Court, Kunnamkulam. The above case is charge sheeted against the petitioner alleging offence punishable under Sections 309 , 333 and 353 of IPC .

2. The prosecution case is that, on 29.08.2014 at about 05.10 PM, the accused was arrested by the Police in connection with a crime under the Immoral T rafÏc (Prevention) Act, and due to that, she took the knife and attempted to cut her wrist in order to avoid and escape from the Police.

The above said act was interfered by the Police resulting injuries to the Police. Hence, it is alleged that the accused committed the offence. Annexure-A is the FIR and Annexure-B is the Final Report. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioner.

Hence, this Criminal Miscellaneous Case is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4. When this case came up for consideration, the counsel for the petitioner relied the judgment of this Court in Crl.MC No.1724/2019, in which this Court relied Section 115 of the Mental Healthcare

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