IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Crl.MC.No. 2143 of 2011() ------------------------- CC.1622/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERUMBAVOOR .................... PETITIONER(S): IST ACCUSED: ---------------------------------------------- SUKUMARI MENON, W/O.MURALEEDHARAN, PUSHPANJALI HOUSE, VYTTILA, TRIPUNITHURA, ERNAKULAM DISTRICT. (PRINCIPAL, BHAVANS ADARSHA VIDYALAYA, KAKKANAD). BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, BY ADV. SRI.ALAN PAPALI, SRI.SOJAN MICHEAL, SRI.GILBERT GEORGE CORREYA, SRI.NISHIL.P.S. RESPONDENT(S): COMPLAINANT & FATHER OF THE VICTIM (CW 1): ----------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, (CIRCLE INSPECTOR OF POLICE, KALADY), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJASEKHARAN, S/O.GOKULANATHA MENON, GOKULAM THEKKE CHERUPPULLY HOUSE, AZAD ROAD, KALOOR, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2143/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE FINAL REPORT IN CRIME NO.190/2009 OF KALADY POLICE STATION. ANNEX.II: ENGLISH TRANSLATION OF THE RELEVANT PORTION OF ANNEXURE I, FINAL REPORT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2143 of 2011 - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the first accused in Crime No. 190 of 2009 of Kalady Police Station for offences punishable under Sections 336 and 304A r/w Section 34 IPC and now pending before the Judicial First Class Magistrate-I, Perumbavur as C.C. No. 1622 of 2009. The prosecution case is that on 14.02.2009, the petitioner being the Principal of the Bhavans Adarsh Vidyalaya sent 137 students of Class VII in three buses for a study tour under the control of accused Nos. 2 to 5 to Mulamkuzhy – Malayattoor region in violation of the guidelines issued by the Government which prescribes teacher – student ratio for the study tour at 1:15. Admittedly, the petitioner was not present at the spot. The learned Public Prosecutor fairly submits that there is no allegation of overact as against the petitioner. In the absence of any overact, the offence is not made out. The only allegation against the petitioner is that she had Crl.M.C. No. 2143/2011 -:2:- violated the guidelines issued by the Government for the conduct of the study tour and there is no dereliction of duty on the part of the petitioner. In the absence of any motive, the petitioner cannot be prosecuted for any criminal offence. In that view of the matter, I have no hesitation to hold that no prima facie case is made out against the petitioner under Sections 336 and 304 A r/w Section 34 IPC. Accordingly, the prosecution against the petitioner in the aforementioned case cannot be sustained. Accordingly, I direct the name of the petitioner be deleted from the aforementioned case and the trial against the others may proceed. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv