IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1719 of 2011() ---------------------- CC.413/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM .................. PETITIONER / 2ND ACCUSED : -------------------------------------------- ANIMOL, AGED 36 YEARS, D/O.LILLI BHAI, THADATHARIKATHU VEEDU, JAWAHAR COLONY, MADATHARA, PALODE DESOM, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.V.ANIL RESPONDENT / COMPLAINANT : ------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1719 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A - 1 : CERTIFIED COPY OF THE FIR IN CRIME NO. 332/2009 OF THAMPANNOOR POLICE STATION. ANNEXURE A - 2 : CERTIFIED COPY OF FINAL REPORT IN C.C. NO. 413/2009 ON THE FILE OF JFMC III, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1719 of 2011 ==================================== Dated this the 15th day of June, 2011 O R D E R Petitioner is the second accused in Crime No.332 of 2009 of Thampanoor Police Station and C.C. No.413 of 2009 of the court of learned Judicial First Class Magistrate-III, Thiruvananthapuram for offences punishable under Sections 3 to 7 of the Immoral Traffic Prevention Act. Case is that on the authorised Officer conducting search in Sukvas Hotel at Majalikulam on 17.06.2009 petitioner and the first accused were found naked and having sexual intercourse in Room No.214 of the said Hotel. Learned counsel contended that even if the allegations made against petitioner are accepted it will not attract any offence as aforesaid. Learned counsel submitted that even as per the statement of witnesses it is only that petitioner and the first accused were found nude in an embracing position, on a cot. Learned Public Prosecutor submitted that report of chemical examination is not so far obtained and without perusing that report it is not possible to ascertain whether there was sexual intercourse or not. 2. It is seen from the statement of the Medical Officer that CRL.M.C. No.1719 of 2011 -: 2 :- she has reserved her final opinion pending receipt of report of chemical examination. Having regard to the circumstances stated as well as report of the Investigating Officer, I am not inclined to think that this Court is required to interfere at this stage as if allegations did not make out any offence as alleged. But I make it clear that it is open to the petitioner to take appropriate plea/defence at the appropriate stage. Without prejudice to that right of petitioner this Criminal Miscellaneous Case is dismissed. THOMAS P. JOSEPH, JUDGE. vsv