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2025 Supreme(Online)(Ker) 52001

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHIBIN DAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.R.SURENDRAN
For the Respondents: Public Prosecutor

ORDER

Dated this the 20th day of November, 2025 The petitioner is the sole accused in C.C No. 1337 of 2023 on the file of the Judicial first Class Magistrate Court-I, Thalassery arising out of Crime No. 1281 of 2023 of Thalassery Police Station. The offences alleged against the petitioner are under Sections 341 , 294(b) and 509 IPC .

2. The prosecution case is that on 19.09.2023 at about 9.30 a.m, while the defacto complainant was walking along the side of Koothuparambu-Thalassery road towards her college, the accused came on his motorcycle, wrongfully restrained her, abused and insulted her modesty and thereby he alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the allegations levelled against the petitioner will not constitute any offences under Sections 341 , 294(b) and 509 IPC . Therefore, he prayed for quashing further proceedings against the petitoner.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. On a perusal of the FI statement given by the victim, it can be seen that the petitioner and defacto complainant were lovers and when the relationship got strained, the petitioner came on his motorcy

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