Kerala HC Extends Stay on Committal Proceedings in IPC Section 354 Case Against Kochi Resident
Justice Jobin Sebastian extended an interim stay on committal proceedings against Chidambaram S. Poduval, pending in an Ernakulam magistrate court, until 11 September 2026 while awaiting notice return from the third respondent.
The High Court of Kerala, on 30 July 2026, extended an interim order staying committal proceedings against Chidambaram S. Poduval, a 38-year-old resident of Thevara Ferry Road, Kochi. Justice Jobin Sebastian, sitting singly at Ernakulam, directed that the stay shall remain in force until 11 September 2026, by which date the court expects the return of notice served on the third respondent. The underlying committal proceedings arise from FIR No. 115 of 2026 registered at Ernakulam Town South Police Station on 28 February 2026.
The Proceedings Before the Magistrate
A chargesheet bearing number 1528501526011501 was filed on 21 April 2026 against the petitioner for offences under Sections 354, 354A(1)(i), and 509 of the Indian Penal Code, 1860. The case was taken up as CP No. 06 of 2026 before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Section 354 deals with assault or use of criminal force against a woman with intent to outrage her modesty; Section 354A(1)(i) covers making unwelcome physical contact; and Section 509 covers words or gestures intended to insult the modesty of a woman.
Poduval moved the High Court seeking a stay of all further proceedings in those committal proceedings pending final disposal of his criminal miscellaneous petition, Crl.MC No.6026/2026.
The Third Respondent and the Notice Question
The third respondent in the petition is Prapthi B. Elizabeth, daughter of Benny Ebraham, residing at Nellamkuzhiyil House, Mardala P.O., Kadaba Taluk, Dakshina Kannada, Karnataka. Notice to her had not been returned by the time the matter came up on 30 July 2026. Justice Sebastian directed the registry to await that return before the matter is taken up substantively.
The petition had previously been heard on 20 July 2026, when an interim order was first passed in CRL.M.APPL.No.1/2026. The 30 July order extended that interim arrangement rather than deciding the main petition on merits.
Order
Justice Jobin Sebastian directed the matter to be posted on 11 September 2026 and extended the interim order in CRL.M.A.No.1/2026 until that date. The court awaits the return of notice to the third respondent before proceeding further.
Advocates Saijo Hassan, Nagaraj Narayanan, Benoj C. Augustin, Abraham J. Kaniyampady, Sangeeth Mohan, Bappu Galib Salam, Devi R. Sens, V.P. Rejitha, Sreyas Sreekumar, and Midhuna Biju appeared for the petitioner. The Public Prosecutor appeared for respondents 1 and 2.