Kerala High Court
Tony @ Anand @ Unnikuttan vs State Of Kerala on 29 January, 2026
2026:KER:7281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
CRL.MC NO. 8327 OF 2025
CRIME NO.792/2023 OF OLLUR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT IN SC NO.1215 OF 2023 OF FAST
TRACK SPECIAL COURT II, THRISSUR.
PETITIONER:
TONY @ ANAND @ UNNIKUTTAN.,
AGED 26 YEARS,
S/O THANKACHAN, THOTTUMATTAYIL HOUSE,
PADAVARAD DESOM, OLLUR VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN - 680 306.
BY ADV SRI.M.J.POLLY
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED
29.09.2025 IN CRL.M.A NO.2 OF 2025)
SR. PP - SRI. BREEZ M.S
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.8327 of 2025
2026:KER:7281
-2-
ORDER
(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 1 st accused committed penetrative sexual assault upon the de facto complainant, who was a minor staying in his house as paying guest, and that the 2 nd 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 Crl.M.C No.8327 of 2025 2026:KER:7281 -3- against the petitioner.
4. The petition was strongly opposed by the learned Public Prosecutor.
5. As per the prosecution case, though there is no allegation of penetrative sexual assault against the petitioner, it is specifically alleged that, on one day in April 2023, he outraged the modesty of the de facto complainant by kissing her on various parts of her body and grabbing her breast. Therefore, the offence under Section 354 IPC and Sections 7 and 8 of the POCSO Act is prima facie made out against the petitioner. Therefore, the prayer for quashing the proceedings against the petitioner is liable to be rejected.
In the result, this Crl.M.C is dismissed.
Sd/-
C. PRATHEEP KUMAR JUDGE ADS