Kerala High Court
Abdul Rahman vs State Of Kerala on 4 November, 2025
CRL.MC NO. 6272 OF 2022
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2025:KER:83933
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
CRL.MC NO. 6272 OF 2022
CRIME NO.0133/2018 OF Areacode Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.524 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS III, MANJERI ARISING OUT OF
THE ORDER/JUDGMENT DATED IN CC NO.524 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/ACCUSED:
ABDUL RAHMAN
AGED 54 YEARS
S/O.MUHAMMAD, PALATTUTHADATHIL HOUSE,
THRIPPANACHI, PULPETTA, AREKODE,
MALAPPURAM DISTRICT., PIN - 673642
BY ADVS.
SRI.C.DINESH
SHRI.E.MOHAMMED ISMAIL
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 STATION HOUSE OFFICER
AREKODE POLICE STATION, MALAPPURAM DISTRICT.,
PIN - 673639
3 SAINABA C.H
PAKIKKALPARAMBIL HOUSE, TRIPPANACHI,
CRL.MC NO. 6272 OF 2022
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2025:KER:83933
PULPETTA, AREKODE, MALAPPURAM DISTRICT.,
PIN - 673642
OTHER PRESENT:
SR.PP-SRI.A.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6272 OF 2022
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2025:KER:83933
ORDER
Dated this the 04th day of November, 2025 The petitioner is the accused in C.C No. 524 of 2018 on the file of the Judicial First Class Magistrate Court-I, Manjeri, arsing out of Crime No. 133 of 2018 of Arekode, Police Station. The offence alleged against the petitioner is under Section 509 IPC.
2. According to the learned counsel petitioner, the allegations raised against the petitioner do not constitute the offence under Section 509 IPC. Therefore, he prayed for quashing all further against the petitioner.
3. The allegation in the final report is that on 02.06.2018 at about 10.00 a.m, at the courtyard of the conference hall of the Primary Health Centre, Pulpatta, the accused abused the defacto and thereby insulted her modesty. As per the complaint given by the petitioner to the Circle Inspector, Women Cell, the words allegedly used by the petitioner are "ക്യാമറക്കു മുന്നിൽ ഞെളിഞ്ഞു നിൽക്കൽ അല്ലേടീ നിനക്ക് പണി". It is also alleged that the petitioner has used the words 'എടീ, പോടീ'.
CRL.MC NO. 6272 OF 2022 4 2025:KER:83933
4. According to the learned counsel for the petitoner, the above words allegedly used by the petitoner do not constitute the offence under Section 509 IPC. The learned counsel has also relied upon the decision of this Court in SreeKumar Menon v. State of Kerala [2024 KHC 1532], in which this Court held that 'Mere utterances of unpleasant or abusive words without an intention either to insult the modesty of the women or to intrude upon the privacy of such women would not attract the offence under Section 509 of the IPC'.
5. In the decision in Basheer v. State of Kerala [2014 (4) KLT SN 81], this Court held that mere insult or false allegation would not attract the offence under Section 509 IPC.
Section 509 IPC reads as follows :
' 509. Word, gesture or act intended to insult the modesty of a woman.
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple CRL.MC NO. 6272 OF 2022 5 2025:KER:83933 imprisonment for a term which may extend to three years, and also with fine.'
6. Though the words allegedly used by the petitoner are abusive in nature, by no stretch of imagination it can be said that the same were intended to insult the modesty of any woman or to intrude upon the privacy of any women. In other words, the allegation levelled against the petitioner do not constitute an offence under Section 509 IPC In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in C.C No. 524 of 20218 on the file of the Judicial First Class Magistrate Court-I, Manjeri arsing out of Crime No. 133 of 2018 of Arekode, Police Station, stands quashed.
Sd/-
C. PRATHEEP KUMAR, JUDGE NJ CRL.MC NO. 6272 OF 2022 6 2025:KER:83933 APPENDIX OF CRL.MC 6272/2022 PETITIONER ANNEXURES AnnexurA1 CERTIFIED COPY OF FIR IN CRIME 133 OF 2018 OF AREKODE POLICE DATED 4.6.2018 AnnexurA2 CERTIFIED COPY OF FINAL REPORT AND WITNESS LIST DATED 24.7.2018 IN CRIME 0133 OF 2018 OF AREKODE POLICE Annexure A3 TRUE COPY OF THE 161 STATEMENT OF CW1 DATED 5.6.2018 Annexure A4 TRUE COPY OF THE161 STATEMENT OF CW2 DATED 9.6.2018 Annexure A5 TRUE COPY OF THE 161 STATEMENT OF CW3 DATED 5.6.2018 Annexure A5(a) TYPED COPY OF THE 161 STATEMENT OF CW3 DATED 5.6.2018 Annexure A6 TRUE COPY OF THE161 STATEMENT OF CW4 DATED 24.7.2018 Annexure A6(a) TYPED COPY OF THE161 STATEMENT OF CW4 DATED 24.7.2018 Annexure A7 TRUE COPY OF THE161 STATEMENT OF CW5 DATED 9.6 .2018 Annexure A8 TRUE COPY OF THE161 STATEMENT OF CW6 DATED 5.6 .2018 Annexure A9 TRUE COPY OF THE161 STATEMENT OF CW7 DATED 5.6 .2018 Annexure A9(a) TYPED COPY OF THE 161 STATEMENT OF CW7 DATED 5.6 .2018 Annexure A10 TRUE COPY OF THE161 STATEMENT OF CW8 DATED 24.07 .2018 Annexure A10(a) TYPED COPY OF THE 161 STATEMENT OF CW8 DATED 24.07 .2018