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2026 Supreme(Online)(Ker) 5111

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
TONY @ ANAND @ UNNIKUTTAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.J.POLLY
For the Respondents: SRI. BREEZ M.S

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, Tony @ Anand @ Unnikuttan, filed a petition under Section 528 of the Criminal Procedure Code seeking to quash proceedings against him in connection with charges under Sections 354, 354-B, and 376(2)(n) of the Indian Penal Code (IPC) and Sections 6(1), 5(1), 8, 7, and 17 of the POCSO Act (!) (!) .

  2. The case involves allegations that the petitioner and co-accused outraged the modesty of a minor de facto complainant by kissing her on various parts of her body and grabbing her breast, with the prosecution asserting that there is no allegation of penetrative sexual assault against the petitioner (!) (!) .

  3. The petitioner is described as a mentally retarded individual with an IQ of 69, and his counsel argued that this mental condition should lead to the quashing of proceedings against him (!) .

  4. The court found that there is prima facie evidence supporting the charges of outraging modesty, specifically citing the allegations of kissing and grabbing as sufficient grounds to maintain the proceedings (!) .

  5. The court emphasized that the allegations provide a sufficient basis for continued legal action and, therefore, dismissed the petition to quash the proceedings (!) .

  6. The decision underscores that the mental state of the petitioner does not, at this stage, warrant halting the proceedings, given the evidence of the alleged acts (!) (!) .

Please let me know if you need further analysis or assistance.


O R D E R

(Dated this the 29th day of January, 2026)

The petitioner is the 2nd accused in S.C No.1215 of 2023 of Fast Track Special Court-II, Thrissur, arising out of Crime No.792 of 2023 of Ollur Police Station. He filed this petition under Section 528 of BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner and the co-accused are under Sections 354 , 354-B and 376(2)(n) r/w Section 34 of IPC and Sections 6 (1), 5(1), 8, 7 and 17 of the POCSO Act .

2. The prosecution case is that the 1st accused committed penetrative sexual assault upon the de facto complainant, who was a minor staying in his house as paying guest, and that the 2nd accused with the connivance of the 1st accused on one day in April 2023, outraged the modesty of the de facto complainant by kissing her on various parts of her body and grabbing her breast and thereby, they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the petitioner is a mentally retarded person suffering from 69% IQ. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by t

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