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2026 Supreme(Online)(Ker) 6106

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SUJEESH P S. – Appellant
Versus
STATE OF KERALA. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEO PAUL, SHRI.NAVEEN T.U., SRI.C.R.PRAMOD, SHRI.JACOB GEORGE PALLATH, SHRI.C.B.GAUTHAM, SHRI.HARIKRISHNAN A.S., SMT.MARIYAM MATHEWS
For the Respondents: SRI. BREEZ.M.S (SR. PP)

J U D G M E N T

(Dated this the 31st day of January, 2026)

The petitioner is the sole accused in C.C No.308 of 2022 of Judicial First Class Magistrate Court-IX, Palakkad, arising out of Crime No.233 of 2022 of Palarivattom Police Station. He filed this O.P.(Crl.) praying for an order removing Cws3 to 5 from the list of witnesses in the above case.

2. The petitioner stands charge sheeted for the offences punishable under Sections 354, 354A(1)(i) and 354A(2) of the IPC.. According to the learned counsel for the petitioner, CWs 3 to 5 cited in this case are the victims in three other crimes i.e., Crime Nos.271, 232 and 245 of 2022 of Palarivattom Police Station, in which also the petitioner is the accused. According to the learned counsel, the prosecution cited those witnesses in order to prove the bad character of the petitioner, which is not permissible under law.

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

4. The prosecution case is that, when the de facto complainant went to the shop of the petitioner for getting tattoo, the accused allegedly sexually abused her. It is revealed that in the cases in which CWs3 to 5 are the victims also similar allegations are

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