IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH WEDNESDAY, THE 10 DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947 CRL.MC NO. 1983 OF 2025 CRIME NO.3/2022 OF CYBER CRIME POLICE STATION, IDUKKI, IDUKKI IN CC NO.103 OF 2023 OF CHIEF JUDICIAL MAGISTRATE, THODUPUZHA PETITIONER/ACCUSED:

MANOJ JOSE, AGED 46 YEARS S/O. THOMAS JOSEPH, AZHAKATHU HOUSE, CHEMMALAMATTOM, THIDANADU, KOTTAYAM DISTRICT, HAVING PERMANENT ADDRESS AT LANGOBARDENSTRASSE, 189/3/16 A1220 VIENNA, AUSTRIA, EUROPE., PIN - 686123 BY ADVS.SHRI.GEORGE SEBASTIAN SHRI.ADITYA T.P.

SHRI.ANTONY THOMAS RESPONDENT/STATE & INJURED:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

2 AMAL C.V., S/O. C.V. VARGHESE, CHALLAKKUZHIYIL HOUSE, THANKAMANI VILLAGE, IDUKKI DISTRICT., PIN - 685609

3 C.V. VARGHESE, S/O. VARGHESE, CHALLAKKUZHIYIL HOUSE, THANKAMANI VILLAGE, IDUKKI DISTRICT., PIN - 685609

4 JEEVAMOL C.V., D/O. C.V. VARGHESE, CHALLAKKUZHIYIL HOUSE, THANKAMANI VILLAGE, IDUKKI DISTRICT., PIN - 685609

5 JOBIN JOLLY, S/O. JOLLY, AIKKARAMATTATHIL HOUSE, PAMBADUMPARA VILLAGE, MUNDIYERUMA P.O, IDUKKI DISTRICT ., PIN - 685552

6 AMBIKA GOPALAKRISHNAN, W/O. GOPALAKRISHANAN , KURUPPUKKUNNEL HOUSE, VADAKKUMURI, THODUPUZHA VILLAGE IDUKKI DISTRICT., PIN - 685586

7 BINO.R.(ASI (G) 2712 SPECIAL BRANCH), S/O. RAMANKUTTY, PERUMANA HOUSE, KATTAPPANA VILLAGE, PEZHUMKAVALA P.O., IDUKKI DISTRICT., PIN - 685508

8 BINOY JOSEPH, S/O. JOSEPH, PUTHANPURAICKAL HOUSE, PARAKKADAVU, NELLIPPARA.P.O., THANKAMANI VILLAGE, IDUKKI DISTRICT., PIN - 685609 BY ADVS. SRI.JUSTINE JACOB FOR R5 SHRI.K.S.SHERIMON FOR R6 SHRI.SUMESH P.S.

SMT.MERIN JOSE SMT.MALAVIKA RADHAKRISHNAN SRI SUDHEER.G, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

06.08.2025, THE COURT ON 10.09.2025 PASSED THE FOLLOWING:

O R D E R

The accused in C.C.No.103/2023 on the files of the Chief Judicial Magistrate Court, Thodupuzha, has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings against him in the said case. The offences alleged against him are under Sections 294(b), 499, 500, 509 & 354(D) of the Indian Penal Code, 1860 (in short, ‘IPC'), and Section 120(o) of the Kerala Police Act, 2011 (in short, ‘K.P. Act’).

2. The prosecution case is that the petitioner/accused, an Austrian citizen of Kerala origin, uploaded obscene messages and news in his facebook account with an intention to insult the modesty of CW3 & CW5, and to denigrate CW2, CW4, CW6 & CW7. It is further alleged that the petitioner/accused sent e-mail messages containing obscene imputations against CW2 to CW7 to various persons, including Government Officers of Idukki District, with the intention to insult the modesty of CW3 & CW5 and to defame CW2, CW4, CW6 & CW7. Thus, the petitioner/accused is alleged to have committed the aforesaid offences. The case has been registered by the Cyber Crime Police Station, Idukki, on the basis of the First Information Statement given by CW1, who is the son of CW2, and the brother of CW3. After the completion of the investigation, the Inspector of Police, Idukki Cyber Crime Police Station, has filed the final report alleging the commission of the aforesaid offences by the petitioner.

3. In the present petition, the petitioner would contend that none of the offences alleged against him in the final report, are attracted in the facts and circumstances of this case. It is further contended that the petitioner, being an Austrian citizen, is not liable to be proceeded against for the offence committed by him outside India.

4. Heard the learned counsel for the petitioner, the learned counsel representing the respondents 5 & 6 and the learned Public Prosecutor representing the State of Kerala.

5. One of the main challenges raised by the petitioner against the maintainability of the criminal prosecution against him is that he is not liable to be proceeded against, since he is an Austrian citizen and the off