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2025 Supreme(Online)(Ker) 46670

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ILLIKKAL JOHN JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Manas P Hameed, Smt.Ipsita Ojal
For the Respondents: Smt.M.B.Shyni, Shri.Rajesh Kumar R., Shri.V.R.Anilkumar, Shri.Sarafudheen T., Shri.Ajith P.C., Shri.Eldhose Joy, Smt.Vishnuja Biju, Smt.Pushpalatha M.K., Sr Public Prosecutor

Table of Content
1. summary of the prosecution case and accused's claims. (Para 1 , 2 , 3)

ORDER

The petitioner is the accused in CC No.944/2023 on the files of Judicial First Class Magistrate Court, Mattannur. The offence alleged against him is under Section 509 IPC .

2. The prosecution case is that on 05.04.2023 at about 6 pm, while the de facto complainant, against whom the accused was earlier alleged to have committed offence under the provisions of PoCSO Act, was going through a public road, the accused showed a gesture by spitting into the road and commenting that ‘is she not the one who instituted false case against me.’ Thus, the petitioner/accused is alleged to have committed the aforesaid offence. The case has been registered by the Ulikkal Police, on the basis of the complaint preferred by the mother of the aggrieved person in this crime. After the completion of the investigation, the Inspector of Police, Ulikkal, laid the Final Report.

3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. It is further stated that the allegations levelled against the petitioner, even if accepted as such, w

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