ORDER
The petitioner in all the above three Crl.M.Cs. is one and the same. The de facto complainants in all the three cases are Doctors.
2. Three different crimes (Crime No.424/2021 of Manjeri Police Station, Crime No.5/2021 of Cyber Crime Police Station, Alappuzha and Crime No.11/2021 of Cyber Crime Police Station, Kannur) were registered against the petitioner alleging offences punishable under Sections 354A & 509 of the IPC (Crime No.424/2021 of Manjeri Police Station), Sections 354A, 354D(1)(ii) & 509 of the IPC, Section 4 r/w 3 Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 & Section 67(iii) of the Information Technology Act, 2000 (Crime No.5/2021 of Cyber Crime Police Station, Alappuzha) and Sections 354A(1)(iii), 354D(1)(ii) and 509 of the IPC, Section 4 r/w 3 Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 & Section 67A of the
Information Technology Act, 2000 (Crime No.11/2021 of Cyber Crime Police Station, Kannur).
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3. The allegation in all the three cases is that, on 28.8.2021, while the de facto complainants in all the three crimes were consulting with the patients through on-line as part of Govt. programme (e-sanjivani), the petitioner followed the de facto complainants through the above consultation programme with sexual intent and showed the scene of masturbation and thereby committed sexual harassment against the women healthcare service personnel.
4. The definite case of the petitioner is that he is a mentally ill person. It is specifically stated that he happened to be involved in drugs racket and became an addict for drugs and alcohol while he was studying for B.Sc.-MIT at A.J. Institute of Medical Science and Research Centre, Mangalore in 2012-'13 batch. It is further stated that the addiction to drugs and alcohol developed anti-social personality disorder in him and he became exhibitionistic and was undergoing treatment in various hospitals. It is submitted that the alleged offences were committed not intentionally but consequent to his disease mentioned above. The petitioner has produced
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documentary evidence to show that he is suffering from such disease. It is in these circumstances, all these Crl.M.Cs. have been filed to quash the proceedings.
5. Since this Court was prima facie satisfied that the petitioner was suffering from the disease mentioned above, a direction was given to the learned Senior Public Prosecutor, Smt.T.V.Neema to ascertain from the concerned de facto complainants/Doctors whether they are willing to condone the acts of the petitioner taking into account the mental condition of the petitioner. Accordingly, Smt.T.V.Neema, the learned Senior Public Prosecutor took pain to contact all the de facto complainants and interact with them. They have fairly submitted that they are prepared to condone the alleged act of the petitioner and they do not want to proceed with the cases further against the petitioner. Written sworn statements from all the three de facto complainants have also been received and produced before this Court.
6. For the reasons stated above, all further proceedings against the petitioner in Crime No.424/2021 of
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Manjeri Police Station, Crime No.5/2021 of Cyber Crime Police Station, Alappuzha and Crime No.11/2021 of Cyber Crime Police Station, Kannur are hereby quashed.
7. The petitioner's father, through whom these Crl.M.Cs. have been filed, shall ensure that the petitioner does not repeat the act.
Crl.M.Cs. are allowed as above.
Sd/-
DR.KAUSER EDAPPAGATH,
JUDGE
skj
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APPENDIX OF CRL.MC 2217/2022
PETITIONER'S ANNEXURES Annexure1 TRUE COPY OF THE IDENTITY CARD ISSUED
TO PETITIONER BY A.J.INSTITUTE OF
MEDICAL SCIENCE AND RESEARCH CENTRE,
MANGALORE FOR B.SC. - MIT (MEDICAL IMAGING TECHNOLOGY) BATCH 2012 - 2013. Annexure2 CERTIFIED COPY OF FIR WITH FIS DT. 01/09/21 IN CRIME NO.424/2021 OF
MANJERI POLICE STATION FOR THE
OFFENCES UNDER SECTIONS 509 AND 354A
OF THE IPC.
Annexure3 TRUE COPY OF MEDICAL RECORDS FROM
ANSAR HOSPITAL, PERUMPILAVU.
Annexure4 TRUE COPY OF MEDICAL RECORDS FROM
AMRITHA HOSPITAL, ERNAKULAM.
Annexure5 TRUE COPY OF THE ORDER IN BAIL.APPL.NO. 7576/2021 DT. 01/10/2021 Annexure6 TRUE COPY OF MEDICAL CERTIFICATE
ISSUED BY SREE NARAYANA INSTITUTE OF
MEDICAL SCIENCE DT. 03/09/2021
Annexure7 TRUE COPY OF ORDER OF THE SESSIONS
COURT, ALAPPUZHA IN CRL.M.P.NO.
1799/2021 DT. 17/09/2021 DECLINING
BAIL TO THE PETITIONER.
Annexure8 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER ISSUED BY THE SREE
NARAYANA INSTITUTE OF MEDICAL SCIENCE,
CHALAKKA, ERNAKULAM DT.05/11/2021 Annexure9 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 424/2021 OF MANJERI POLICE STATION TAKEN AS C.C.NO. 829/2021
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT - I, MANJERI. Annexure10 CERTIFIED COPY OF MEMORANDUM OF EVIDENCE IN C.C.NO. 829/2021 BEFORE
JUDICIAL FIRST CLASS MAGISTRATE
COURT - I, MANJERI.
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Annexure11 CERTIFIED COPY OF THE WITNESS STATEMENT IN C.C.NO. 829/2021 BEFORE
JUDICIAL FIRST CLASS MAGISTRATE
COURT - I, MANJERI.
Annexure12 TRUE COPY OF THE CERTIFICATE ISSUED BY
DR. ANOOP VINCENT OF SREE NARAYANA
INSTITUTE OF MEDICAL SCIENCE,
CHALAKKA, ERNAKULAM DT. 11/03/2022.
11
APPENDIX OF CRL.MC 2893/2022
PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE IDENTITY CARD ISSUED
TO PETITIONER BY A.J.INSTITUTE OF
MEDICAL SCIENCE AND RESEARCH CENTRE,
MANGALORE FOR B.SC. - MIT (MEDICAL IMAGING TECHNOLOGY) BATCH 2012 - 2013. Annexure A2 CERTIFIED COPY OF FIR WITH FIS DT. 29/08/2021 IN CRIME NO. 5/2021 OF
CYBER CRIME POLICE STATION, ALAPPUZHA
FOR THE OFFENCES UNDER SECTIONS 509
AND 354A OF THE IPC.
Annexure A3 TRUE COPY OF MEDICAL RECORDS FROM
ANSAR HOSPITAL, PERUMPILAVU.
Annexure A4 TRUE COPY OF MEDICAL RECORDS FROM
AMRITHA HOSPITAL, ERNAKULAM.
Annexure A5 TRUE COPY OF THE ORDER IN BAIL.APPL.NO.7576/2021 DT. 01/10/2021. Annexure A6 TRUE COPY OF MEDICAL CERTIFICATE
ISSUED BY SREENARAYANA INSTITUTE OF
MEDICAL SCIENCE DT. 03/09/2021
Annexure A7 TRUE COPY OF ORDER OF THE SESSIONS
COURT, ALAPPUZHA IN CRL.M.P.NO.
1799/2021 DT. 17/09/2021 DECLINING
BAIL TO THE PETITIONER.
Annexure A8 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER ISSUED BY THE
SREENARAYANA INSTITUTE OF MEDICAL
SCIENCE, CHALAKKA, ERNAKULAM
DT.05/11/2021
Annexure A9 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.5/2021 OF CYBER CRIME POLICE
STATION, ALAPPUZHA TAKEN AS C.C.NO.
43/2022 BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, ALAPPUZHA
Annexure A10 CERTIFIED COPY OF THE WITNESS STATEMENT IN C.C.NO.43/2022 BEFORE
CHIEF JUDICIAL MAGISTRATE COURT
ALAPPUZHA
12
Annexure A11 TRUE COPY OF THE CERTIFICATE ISSUED BY
DR. ANOOP VINCENT OF SREE NARAYANA
INSTITUTE OF MEDICAL SCIENCE,
CHALAKKA, ERNAKULAM DT. 11/03/2022.
Annexure A12 TRUE COPY OF THE ORDER IN CRL.M.A.NO. 1/2022 IN CRL.M.C. NO.2217/2022 DATED 04/04/2022
13
APPENDIX OF CRL.MC 5362/2022
PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE IDENTITY CARD ISSUED
TO PETITIONER BY A.J.INSTITUTE OF
MEDICAL SCIENCE AND RESEARCH CENTRE,
MANGALORE FOR B.SC. - MIT (MEDICAL IMAGING TECHNOLOGY) BATCH 2012 - 2013. Annexure A2 COPY OF FIR WITH FIS DT. 29/08/2021 IN CRIME NO. 5/2021 OF CYBER CRIME POLICE
STATION, ALAPPUZHA FOR THE OFFENCES
UNDER SECTIONS 509 AND 354A OF THE
IPC.
Annexure A3 TRUE COPY OF MEDICAL RECORDS FROM
ANSAR HOSPITAL, PERUMPILAVU.
Annexure A4 TRUE COPY OF MEDICAL RECORDS FROM
AMRITHA HOSPITAL, ERNAKULAM.
Annexure A5 TRUE COPY OF THE ORDER IN BAIL APPL.NO. 7576/2021 DT. 01/10/2021.
Annexure6 TRUE COPY OF ORDER OF THE SESSIONS
COURT, ALAPPUZHA IN CRL.M.P.NO.
1799/2021 DT. 17/09/2021 DECLINING
BAIL TO THE PETITIONER.
Annexure A7 CERTIFIED COPY OF FIR WITH FIS DT. 08/09/2021 IN CRIME NO. 11/2021 OF
CYBER CRIME POLICE STATION, KANNUR
CITY
Annexure A8 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER ISSUED BY THE SREE
NARAYANA INSTITUTE OF MEDICAL SCIENCE,
CHALAKKA, ERNAKULAM DT.05/11/2021 Annexure A9 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 11/2021 OF CYBER CRIME
POLICE STATION, KANNUR TAKEN AS
C.C.NO. 287/ 2022 BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT THALASSERY
Annexure 10 TRUE COPY OF THE CERTIFICATE ISSUED BY
DR. ANOOP VINCENT OF SREE NARAYANA
INSTITUTE OF MEDICAL SCIENCE,
CHALAKKA, ERNAKULAM DT. 11/03/2022.
14