SANJAY K R v. STATE OF KERALA

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

7

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

8

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.

10

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