ANTONY J Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Crl.M.Cs. are co-accused (accused 1 and 2) facing trial in C.C.No. 85 of 2005 pending before the J.F.C.M. - I, Kollam.

(2.) The crux of the allegations against the first accused is that he indulged in culpable overt acts against CW1 i.e. the common second respondent herein, while he was engaging a class in Govt. U.P.School, Kureepuzha on 16.9.2004. He was allegedly taken out of the class room, intimidated and abuses showered on him. One of the objectionable words used by the first accused allegedly is that he will make use of a cassette which the second accused had handed over to the first accused. It is on this allegation that final report has been filed alleging commission of offence punishable under Sections 510, 294(b) and 506(ii) r/w. 34 I.P.C. The learned counsel for the petitioners/accused contends that the allegations, even if accepted in toto, cannot reveal any justifiable allegation of culpable conduct against either of the two petitioners. In these circumstances it is prayed that the proceedings initiated against them may be quashed.

(3.) The learned Prosecutor has also been heard. To me, it appears that there must necessarily be a distinction between the first and second accused while considering these cases. As against the first accused specific overt acts are alleged that he had taken the defacto complainant/second respondent who was engaging a class as a teacher of the School out of the class room. He was allegedly intimidated and abused by the first accused.