N.Kailasa Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 Crl.MC.No. 5243 of 2013 (E) --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 210/2012 OF JUDICIAL FIRST CLASS MAGISTRATE-I,THRISSUR CRIME NO. 2345/2011 OF TOWN EAST POLICE STATION , THRISSUR PETITIONER/ACCUSED:

------------------------------------------------------------------ N.KAILASA KUMAR POONOOTHRA HOUSE, VETUKAD P.O, THRISSUR 680 014 BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SMT.ASHA BABU SRI.M.MANOJKUMAR (CHELAKKADAN) SMT.AMMU CHARLES SRI.K.T.SIDHIQ RESPONDENTS/STATE:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031

2. THE STATION HOUSE OFFICER, THRISSUR EAST POLICE STATION, THRISSUR 680 005 ADDL. R3:SMT. DEEPA, D/O. VASUDEVAN DEEPAM HOUSE, PERINGAVU THRISSUR 680 018 [IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 20.11.2013 IN CRL.M.A.9346/2013 IN CRL.M.C.5243/2013] R1 & R2 BY PUBLIC PROSECUTOR SMT. REMA R.

R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5243 of 2013 (E) --------------------------- APPENDIX PETITIONER'S ANNEXURES ------------------------------------- ANNEXURE A TRUE COPY OF THE CHARGE SHEET FILED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1,THRISSUR RESPONDENTS' ANNEXURES --------------------------------------- NIL //True copy// P.A. TO JUDGE Shg/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.5243 of 2013 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2015

O R D E R

The petitioner is the accused in C.C.No.210/2012 on the file of the Judicial First Class Magistrate Court-I, Thrissur. He is alleged to have committed the offence under Section 119 (a) of the Kerala Police Act. The accusation is that at a showroom where the third respondent was working as a sales girl, the petitioner, who was working as a manager in the showroom made sexual gestures and other acts degrading her dignity. The petitioner's prayer is to quash the proceedings on the ground that the place of occurrence is not a public place. 2.

Heard the learned senior counsel for the petitioner, learned Public Prosecutor and the learned counsel for the third respondent.

3.

The sole ground on which the petitioner wants to quash the proceedings is that the place of occurrence is not a public place. Public place is defined in Section 2 (j) of the

Crl.M.C.No.5243 of 2013 -2Kerala Police Act. I think, in the circumstances of the case, it is for the Magistrate to decide whether the place of occurrence is a public place or not. The petitioner may raise this point as a preliminary point, whereupon, the learned Magistrate shall consider it before charge is framed. It is not proper to invoke the jurisdiction of this court under Section 482 Cr.P.C. at this stage. In the result this Crl.M.C. is disposed of with a direction to the learned Magistrate concerned to decide the question whether the place of occurrence is a public place as defined in Section 2 (j) of the Kerala Police Act before charge is framed.

Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/