Kerala High Court
Jinu Joseph vs State Of Kerala on 25 February, 2026
Crl.M.C.No.11623 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2026 / 6TH PHALGUNA, 1947
CRL.MC NO. 11623 OF 2025
CRIME NO.883/2023 OF ULIKKAL POLICE STATION, KANNUR
CC NO.695 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
MATTANNUR
PETITIONER/ACCUSED:
JINU JOSEPH
AGED 39 YEARS
KUNNAMCHERIYIL HOUSE, CHEMPOTHANADIKKAVALA,
AYYANKUNNU P.O., KANNUR, KERALA., PIN - 670706
BY ADVS. SRI.CIBI THOMAS
SMT.SWARNA THOMAS
SMT.ANUSREE K.
SRI.PRANAV KISHAN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
ULIKKAL POLICE STATION, KANNUR RURAL, KERALA,
PIN - 670705
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3 STEPHY KURIAN
W/O. VINOD KURIYAN, KUNNAMCHERIYIL HOUSE,
VATTIYAMTHODE P.O., ULIKKAL, KANNUR RURAL, KERALA,
PIN - 670705
R1 & R2 BY PUBLIC PROSECUTOR SMT. C.SEENA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 25th day of February, 2026
The accused in C.C.No.695/2024 on the files of the Judicial
First Class Magistrate Court, Mattannur arising out of Crime
No.883/2023 of the Ulikkal Police Station, Kannur filed this
petition under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) praying for quashing all further proceedings
against her. The offences alleged against the accused are under
Sections 509 of the Indian Penal Code, 1860 (IPC) and 120 (o) of
the Kerala Police Act, 2011 (KP Act).
2. The prosecution case is that on 25.07.2023 and
26.07.2023, the accused sent WhatsApp messages to the husband
of 3rd respondent against his wife/de facto complainant insulting
her modesty and also sent such messages through WhatsApp,
Facebook, messenger etc. to the de facto complainant and her
husband.
3. According to the learned counsel for the petitioner, even
if the entire allegations raised against the petitioner are believed
as such, the same will not amount to the offences punishable
under Sections 509 of the IPC and Section 120(o) of the KP Act.
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Therefore, she prayed for quashing all further proceedings against
the petitioner.
4. Petitioner’s request was strongly opposed by the
learned Public Prosecutor.
5. Though notice was served on the 3rd respondent/de
facto complainant, she did not turn up.
6. On a perusal of the FI Statement it can be seen that
the de facto complainant went to the residence of the petitioner
for taking a car as instructed by her husband. At that time, there
was some altercation between the petitioner and the de facto
complainant. It is alleged that thereafter on 25.07.2023 and
26.07.2023, the petitioner sent WhatsApp messages to the
husband of the de facto complainant. The words allegedly used in
the said message are “നന ന ണമളന ന റയന ശവ , കഴ ൽ നന
എഴനനറ വന ആ ന ത ന ലന “. In the additional statement given
by the de facto complainant the word “കഴനവറ!ന” ന# ന$ ” is also
seen used.
7. Relying upon the definition of Sections 509 IPC as well
as the decision of this Court in Abhijeet J.K. vs. State of Kerala
and Ors. [2020 (2) KHC 55] the learned counsel for the petitioner
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would argue that the words allegedly used by the petitioner do not
make out an offence punishable under Section 509 of the IPC.
8. As argued by the learned counsel for the petitioner, insult
to the modesty of a woman is an essential ingredient of an offence
punishable under Section 509 IPC. The crux of the offence is the
intention to insult the modesty of a woman. The modesty of a
woman is related to her sex. Only if the word used is capable of
shocking the sense of decency of a woman, the same will amount
to the offence punishable under Section 509 IPC. In other words,
an act merely insulting a woman is not sufficient to attract the
offence under Section 509 IPC. The words allegedly used by the
petitioner when evaluated in the above context, makes it clear
that though those words are insulting to the de facto complainant,
it cannot be stated that they are insulting the modesty of the de
facto complainant.
9. In the above circumstances, I am of the considered
view that the allegations levelled against the petitioner do not
make out the offence punishable under Section 509 IPC.
10. Section 120(o) of the KP Act states that if any person
causing, through any means of communication, a nuisance of
himself to any person by repeated or undesirable or anonymous
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call, letter, writing, message, e-mail or through a messenger,
shall, on conviction, be punishable with imprisonment which may
extend to one year or with fine which may extend to five thousand
rupees or with both.
11. From the allegations raised against the petitioner it is
revealed that the petitioner has sent insulting messages to the de
facto complainant and her husband on several days namely, on
14.06.2023, 15.06.2023, 25.07.2023 and 26.07.2023 through
WhatsApp and Facebook messenger and as such, the above
allegations prima facie makes out an offence punishable under
Section 120(o) of the KP Act. Therefore, this Crl.M.C. is liable to
be allowed in part as follows:
12. The proceedings against the petitioner under Section
509 IPC is quashed. However, the prayer for quashing the
proceedings under Section 120(o) of the KP Act is rejected.
Accordingly, the Crl.M.C. is allowed in part.
Sd/-
C. PRATHEEP KUMAR
JUDGE
MJL
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APPENDIX OF CRL.MC NO. 11623 OF 2025
PETITIONER’S ANNEXURES:
Annexure I TRUE COPY OF THE FINAL REPORT IN CRIME
NO.883/2023 OF ULIKKAL POLICE STATION
DATED 31.03.2024
Annexure II TRUE COPY OF THE FIR IN CRIME NO.
883/2023 OF ULIKKAL POLICE STATION DATED
08.12.2023
Annexure III TRUE COPY OF THE RELEVANT PAGES OF FIR IN
CRIME NO.104/2021 OF KARIKOTTAKARI POLICE
STATION
Annexure IV TRUE COPY OF THE RELEVANT PAGES OF THE
FIR IN CRIME NO.620/2023 OF KARIKOTTAKARI
POLICE STATION DATED 22/09/2023
Annexure V TRUE COPY OF THE RELEVANT PAGES OF THE
FIR IN CRIME NO.669/2023 OF KARIKOTTAKARI
POLICE STATION DATED 12/10/2023
Annexure VI TRUE COPY OF THE JUDGMENT DATED
09.07.2024 IN O.P. NO.1044/2023 ON THE
FILES OF THE FAMILY COURT, THALASSERY
Annexure VII TRUE COPY OF THE JUDGMENT DATED
09.07.2024 IN O.P. NO. 1044/2023 ON THE
FILES OF THE FAMILY COURT, THALASSERY
Annexure VIII TRUE COPY OF THE JUDGMENT IN CRL.M.C
NO.8473/2024 DATED 04.11.2024
Annexure IX TRUE COPY OF THE JUDGMENT IN C.C. NO.
126/2023 DATED 7/11/2025 BEFORE THE GRAM
NYAYALAYA, IRITTY, PAYAM
Annexure X TRUE COPY OF THE JUDGMENT IN C.C. NO.
128/2023 BEFORE THE GRAM NYAYALAYA,
IRITTY, PAYAM DATED 7/11/2025
Annexure XI TRUE COPY OF THE OFFER LETTER DATED
28.08.2025
Annexure XII TRUE COPY OF THE COMMUNICATION DATED
26.11.2025 ISSUED BY THE REGIONAL
PASSPORT OFFICE, KOZHIKODE