Kerala High Court
Noble Jose vs State Of Kerala on 10 June, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
Crl.MC.No. 920 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 413/2018 of DISTRICT COURT &
SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA DATED 21-12-
2018
CRIME NO. 346/2018 OF Vellamunda Police Station , Wayanad
PETITIONER/S:
NOBLE JOSE, AGED 36 YEARS, S/O.JOSE.P.U., PAIKATTU
HOUSE, KANNOTH .P.OL., KODANCHERY VILLAGE,
THAMARASSERI, KOZHIKODE DISTRICT, PRESENTLY WORKING
AS HSST(JUNIOR), SACRED HEART HIGHER SECONDARY
SCHOOL, DWARAKA, NALLORNADU.P.O., MANATHAVADY-
670645
BY ADV. SRI.B.RAMACHANDRAN
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682031.
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.5.2019,
THE COURT ON 10.06.2019 PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C.No. 920 of 2019
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Dated this the 10th day of June, 2019
ORDER
The prayer in the aforementioned Crl.M.C. filed under the enabling procedures contained in Sec. 482 of the Code of Criminal Procedure is as follows:
"..... to call for the entire records leading to Anx. A-1 FIR, scrutinize the same and Quash Anx. A-1 FIR to meet ends of justice."
2. Heard Sri.B.Ramachandran, learned counsel appearing for the petitioner and Sri.Amjad Ali, learned Prosecutor appearing for the respondent State.
3. The petitioner has been arrayed as the sole accused in Crime No. 346/2018 of Vellamunda Police Station, which has been registered for offences punishable under Sec. 305 of the I.P.C. and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). It is stated that the petitioner is working as a Higher Secondary School Teacher (Junior) in the Chemistry Department of the Sacred Heart Higher Secondary School, Dwaraka, Mananthavady. The prosecution case in brief is that on 10.12.2018 at about 6 p.m., one V.C.Vyshnav, a student of the said school committed suicide at Crl.M.C.920/18 - : 3 :-
his house by self immolation using kerosene and based on the suicide note recovered from the house of the deceased, in which as petitioner's name has been mentioned, the petitioner has been implicated as an accused for the abovesaid offences (Sec. 305 of I.P.C. (abetment of suicide of child) and Sec. 75 of the JJ Act.
4. The petitioner would assert that he has never been a class teacher of the said deceased student nor a member of the teaching faculty of the class, in which the deceased student had studied and nor has he any transaction with the deceased Vyshnav, other than the fact that he happened to be a student of the school and the petitioner happened to be a teacher of the school working in a different Department. It is further asserted by the petitioner that he had no occasion to teach or deal with the deceased Vyshnav at any point of time and that the petitioner could reliably learn that the deceased Vyshnav was absent for several days in school before his death and the petitioner was also leave before the death of Vyshnav. That after the incident the petitioner has been suspended from service and it is still continuing. The petitioner applied for anticipatory bail apprehending arrest and detention by the Police and he has been granted anticipatory bail. It is stated that the petitioner is the sole Crl.M.C.920/18 - : 4 :-
bread winner of the family and the petitioner being an school teacher, finds it extremely difficult to appear before the public as he is an accused, as he has been unjustly and unfairly made an accused. The Sessions Court concerned as per Anx. A7 order dated 21.12.2018 rendered in Crl.M.C.No. 413/2018, while granting anticipatory bail to the petitioner has clearly opined that that the prosecution has not been able to collect any credible evidence whatsoever even to prima facie infer that the petitioner is any way connected with the incident which has led to the suicide of the student, even though the investigation has proceeded further. The petitioner would thus assert that there is no absolutely iota of evidence even to remotely connect the petitioner for any criminal culpability in regard to the death of the deceased student and that no effective purpose whatsoever is subserved by proceed further with the impugned criminal proceedings and that this Court may quash the same as it amounts to abuse of process of court, etc.
5. As directed by this Court the investigating officer has filed a statement/report dated 26.3.2019 in this Crl.M.C. through the learned Prosecutor. It has been stated that the deceased student has left a note wherein he has stated that he is going to die due to physical Crl.M.C.920/18 - : 5 :-
and mental harassment of Noble Sir and that he is leaving the said Noble to the process of law. Further it is stated the investigating officer has taken statements from parents, brother, relatives, classmates of the deceased, school manager, teachers and PTA president. That during investigation, Sabitha, the mother of Vyshnav has stated that once Vyshnav had told her that one of his teachers, viz., Noble Jose, had scolded him in connection with setting of his long hair and mustache. Sri.Vaishak, the brother of the deceased, who is doing graduation in Palakkad had also stated before the investigating officer that on 9.12.2018, the day before the death of Vyshnav, Vaishak had called over mobile phone and told that one of his teachers Noble Jose, scolded him about setting of long hair and mustache. Thus it is stated by the investigating officer that from the abovesaid statements of other relevant witnesses and suicide note, it is clear that Sri.Noble Jose, Chemistry teacher is responsible for his suicide. Further it is stated that Vyshnav (the deceased) was subjected to harassment by Sri.Noble Jose, who scolded Vyshnav for his appearance with long hair and mustache and told him to crop it soon. That on the basis of the said information and suicide note, the S.I. of Police Vellamunda had altered the section in the abovesaid Crl.M.C.920/18 - : 6 :-
criminal proceedings, which originated as one under Sec. 174 of the Cr.P.C. and offences as per Sec. 305 of the I.P.C. and Sec. 75 of the JJ Act have been included in the FIR. That after the incident, the was absconding from his home and later, he obtained anticipatory bail.
Further it is stated in the above statement filed by the I.O. as follows:
"I visited the scene of crime on 11.02.2019, questioned father and other family members of the deceased. I have obtained scene plan from the village officer, Porunnannoor village. It is highly necessary to question and examine all the students of the plus 1 class (biology Science) of S.H.H.S.Dwaraka. But the students could not be questioned. Since they are busy with their annual examination, special classes, coaching classes, etc. So also questioning those students at this stage will affect their future and study. Hence the students will be questioned soon after final examination to elicit the real factors related with the incident.
My Investigation revealed that only the statements of the mother and brother of the victim student and suicide note substantiate with the offence under section 305 and 75 of JJ act. But it is highly inevitable to question the class mates of the deceased in detail to elicit the whole real factors which led to the suicide of Vyshanav."
6. From a reading of the contents of the abovesaid statement, it can be seen that the only information that could so far be secured by the investigating officer to connect the petitioner accused with the abovesaid incident of death is that the petitioner, who is a teacher in the school, had told the deceased that he has to cut his growing long hair and that his grown mustache is not good and that he has to set his long hair and mustache properly.
7. Assuming that the petitioner, who is a teacher, had actually said those statements to the deceased student, it cannot even Crl.M.C.920/18 - : 7 :-
be remotely held that this would in any manner amount to abetment of the suicide of the minor boy as contemplated in Sec. 305 of the I.P.C., nor can it in any manner attract the provisions contained in Sec. 75 of the JJ Act.
8. Abetment to suicide is dealt with in Sec. 107 of the I.P.C. which reads as follows:
"Sec. 107: Abetment of a thing. A person abets the doing of a thing, who -
First: -Instigates any person to do that thing; or Secondly:- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly: -Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1:- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Explanation 2: - Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act."
Sec. 305 of the I.P.C. dealing with abetment of suicide of minor, etc. reads as follows:
"Sec. 305: Abetment of suicide of child or insane person.- If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine."
Crl.M.C.920/18 - : 8 :-
Sec. 306 of the I.P.C., which is also a related provision, reads as follows:
Sec. 306: Abetment of suicide. - If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
9. The Apex Court and various High Courts have rendered catena of rulings as to the scope and ambit of abetment as envisaged in Sec. 107 of the I.P.C. and abetment to commit suicide as envisaged in Sec. 305/306 of the I.P.C. Prima facie there is force in the specific contention raised by Sri.B.Ramachandran, learned counsel appearing for the petitioner accused that, a teacher has to be a guide and source of light to his students and advice given to a student to maintain proper discipline in the education institution and for proper setting of hair and mustache, etc. would come within the intrinsic and inherent disciplinary powers and duties of a teacher and that at any rate, it cannot in any manner amount to any criminal culpability on the part of the teacher in giving such advice and guidance to the students.
10. Now it is submitted by the learned Prosecutor appearing for the respondent State on the basis of the instructions that the instant crime has now been entrusted to Crime Branch for further investigation, etc. Crl.M.C.920/18 - : 9 :-
11. After having heard both sides, this Court is of the prima facie view that the abovesaid aspect of investigation does not in any manner point to any criminal culpability on the part of the petitioner for the offence under Sec. 305 of the I.P.C. and Sec. 75 of the JJ Act. As the investigation has not so far been completed, this Court is not now proposing to enter into any final findings regarding the said issue. Accordingly, it is ordered that the investigation should be completed and finalised by the investigating agency concerned without any further delay and final report should be duly filed immediately thereafter, within 3 months. The investigating agency/ Crime Branch will ensure that a dispassionate and impartial approach is taken to finalise the investigation process and a biased view, just to find fault with the accused some way or other, should not be the approach so that the truth of the matter is brought out and innocent persons are put to peril. Thereafter, the petitioner will be at liberty to challenge the impugned final report, if it is adverse to him and seek appropriate remedies in that regard and the issues presently raised could then be raised by the petitioner for final adjudication in such appropriate proceedings. With the said liberty, the above Criminal Miscellaneous Case will stand finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.920/18 - : 10 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF FIR DATED 10.12.2018 IN
CRIME NO.346/2018 OF THE VELLAMUNDA POLICE
STATION.
ANNEXURE A2 A TRUE COPY CERTIFICATE DATED 12/12/2018
ISSUED BY PRINCIPAL SACRED HEART H.S.S
ANNEXURE A3 A TRUE COPY OF ATTENDANCE REGISTER OF TEACHERS
FROM 01/12/2018 TO 31/12/2018.
ANNEXURE A4 A TRUE COPY OF PUPILS ATTENDANCE REGISTER FROM
01/12/2018 TO 31/12/2018.
ANNEXURE A5 A TRUE COPY OF ORDER DATED 13/12/2018 OF THE
MANAGER, DWARAKA SACRED HEART HIGHER SECONDARY SCHOOL.
ANNEXURE A6 A TRUE COPY OF ORDER DATED 24/12/2018 OF THE RDD, KOZHIKODE.
ANNEXURE A7 A TRUE COPY OF ORDER DATED 21/12/2018 IN CRL.M.C.NO.413/2018 OF THE SESSIONS COURT, KALPETTA.