IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 354 of 2009() ------------------------ CC.724/2007 of J.F.C.M, KOTHAMANGALAM .................... PETITIONER(S): ACCUSED 1-14 --------------------------- 1. SURAJ, S/O.RAJAN,AGED 24 YRS,MANI MATTATHIL HOUSE, ERANELLUR VILLAGE,MAYAVANA KARA, KOTHAMANGALAM. 2. ABI THOMAS,AGED 19 YRS,S/O.THOMAS, KUZHUVELIL HOUSE KOOTHUKUZHI KARA, KOTHAMANGALAM. 3. MAITHEEN, S/O.MUHAMMED, AGED 2O YRS, VETTIKKATTU VEETTIL, PALLARIMANGALAM KARA, POTHANICAUD VILLAGE, KOTHAMANGALAM. 4. ANJU SIVAN, S/O.SIVAN, AGED 20 YRS, KUNNEL VEETTIL, VENGOTTUR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM. 5. TINTU VARGHESE, AGED 21 YRS,D/O.VARGHESE MANGOTTU VEETTIL, PINDIMANA KARA, KEERAN PARA VILLAGE, KOTHAMANGALAM. 6. LITTY PAUL, D/O.PAULOSE,AGED 21 YRS, KIZHAKAM PARAMBIL HOUSE, KOTTAPPADI VILLAGE, KOTTAPPADI KARA, KOTHAMANGALAM. 7. RAMYA SOMAN, D/O.SOMAN, AGED 22 YRS, PADINJAREKARA PUTHENPURA VEETTIL, MATHIRAPPALLY KARA, KOTHAMANGALAM VILLAGE. 8. MANJUSHA, D/O NARAYANAN, AGED 21 YRS, KALLINGA PARAMBIL VEETTIL, KOTTAPPADY KARA, KOTTAPPADY VILLAGE, KOTHAMANGALAM. 9. VIDYA SIVARAJAN, AGED 21 YRS, S/O.SIVARAJAN, NERIYAMANGALAM VILLAGE, THALAKKOTTY KARA, KOTHAMANGALAM. 10. ANEESH, S/O SUKUMARAN,AGED 22 YRS, PADINJAREKUDIYIL VEEDU, KANJIRAVELI KARA, MANNAMKANDAM VILLAGE, KOTHAMANGALAMA. 11. RINU N.HAMEED, AGED 20 YRS,D/O HAMEED, NEDUVANJERI VEETTIL, PNIDIMANA VILLAGE, VETTAMBARA KARA, KOTHAMANGALAMA. 12. ANU SREE, D/O REBAN, AGED 22 YRS, VIRUTHAM KANDATHIL HOUSE, CHELAMATTOM VILLAGE, KARIKKODE KARA, KOTHAMANGALAM. 13. SANJANA RAHMAN, AGED 21 YRS, D/O ABDUL RAHIMAN, OALIKKAL HOUSE, MULAVOOR VILLAGE, MULAVOOR KARA, KOTHAMANGALAM. 14. RAHIM, S/O ALIYAR, AGED 22 YRS, THEKKE KUTTUNGAL HOUSE, KUTTAMPUZHA VILLAGE, VATTAPPARA KARA, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM SRI.RENJITH THOMAS RESPONDENT(S): STATE AND COMPLAINANTS ------------------------------------- 1. STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOUMYA,AGED 19 YRS, D/O.MURALEEDHARAN NAIR,MAYIKKATTU VEETTIL, ERAMALLUR VILLAGE, NELLIKUZHI KARA, KOTHAMANGALAM. 3. ANJALI, AGED 19 YRS, D/O.PRAKASH, KUNNISSERIL HOUSE, NERIYA MANGALAM VILLAGE, CHEMBANKUZHI KARA, KOTHAMANGALAM. 4. SIRAJ, D/O MEERAN,AGED 20 YRS, KUNNEL VEETTIL, POTHANICAUD VILLAGE, PALLARI MANGALAM KARA, KOTHAMANGALAM. 5. SIMY, AGED 20 YRS, D/O SANKARAN,CHERU VELIL VEETTIL, NERIYA MANGALAM VILLAGE, NERIYA MANGALAM KARA, KOTHAMANGALAM. 6. TINU GEORGE, AGED 19 YRS, S/O GEORGE, MUNDEKKATTU VEETTIL, KOTHAMANGALAM VILLAGE, NADUKKANI KARA, KOTHAMANGALAM. 7. JANCY, D/O XAVIER,AGED 19 YRS, PARAPPILLIYIL HOUSE, NERIYA MANGALAM VILLAGE, NERIYAMANGALAM KARA, KOOTHU PARA BHAGOM, KOTHAMANGALAM. 8. HANIMOL, AGED 19 YRS, D/O BABU, KAPPILAM MOOTTIL HOUSE, KUTTAMPUZHA VILLAGE, MAMALAKANDAM KARA. 9. VINEETHA, AGED 22 YRS, D/O CHELLAPPAN, MUDAPPANAL VEETTIL, ADIMALI VILLAGE,MACHI PLAVU KARA. 10. NEETHU MOHAN, AGED 20 YRS,D/O MOHAN, EDACHIRA HOUSE, POOYAMKUTTY KARA, KUTTAMPUZHA VILLAGE. 11. AJU VARGHESE, AGED 20 YRS,D/O VARGHESE, ENJAPPILLIL HOUSE, AANA VIRATTI KARA, ADIMALI VILLAGE. 12. SYAMLAL, AGED 20 YRS, S/O RAMANAN, MALAYIL HOUSE, MUKKADAM KARA, KONNATHADI VILLAGE, IDUKKI DISTRICT. 13. SINI, AGED 20 YRS,D/O SANKARAN, CHERUVELIL VEETTIL, NERIYA MANGALAM KARA, NERIYA MANGALAM VILLAGE, KOTHAMANGALAM. 14. SABITHA, AGED 20 YRS, D/O. MAITHEEN, MOLATH VEETTIL, MAMALA KANDAM KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV.SRI.NAVEEN THOMAS FOR R2 TO R14 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.354 of 2009 ---------------------------------------- Dated this the 2nd day of February 2009 O R D E R Petitioners face indictment in a prosecution for offences punishable inter alia under the Kerala Prohibition of Ragging Act 1998. Allegations under Sections 143,147 and 509 read with 149 I.P.C are also raised against the petitioners. Cognizance has already been taken. The matter is pending before the learned J.F.C.M Kothamangalam. At this juncture, the petitioners have come before this court along with the alleged victims of ragging to apprise this court of the fact that they have settled all their outstanding disputes with the alleged victims and that they have compounded the offences allegedly committed by the petitioners against them. It is, in these circumstances, prayed that invoking th extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] the proceedings may be brought to premature termination. It is submitted that the Crl.M.C.No.354/09 2 allegations are false and even if the entire allegations were accepted as true, the offences alleged will not lie against the petitioners. In any view of the matter, the parties having settled the matter, composition may be accepted, prays the learned counsel for the petitioners. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that larger issues of public justice and public interest are involved. The dispute cannot be reckoned as one which is private and personal between the victims and the accused. It may not be lost sight of that the allegation is that the petitioners have indulged in the despicable act of ragging which vitiates the atmosphere in educational institutions particularly professional colleges in the State. In any view of the matter, the composition prayed for may not be accepted. The statement of the victims that they have no objections in the earlier ragging committed on them cannot obviously be accepted as the system wants to prevent such ragging by the victims of this year who turn out to be perpetrators of the offence next year. Crl.M.C.No.354/09 3 3. I find the objections of the learned Public Prosecutor to be absolutely justified. I do not think it necessary to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C to quash the proceedings. The learned counsel for the petitioners submits that the petitioners, all young men, may atleast be granted orders for early out of turn and expeditious disposal of the case against them. It is for the petitioners to apply before the learned Magistrate showing the reasons for such out of turn early disposal. If such an application is made, the learned Magistrate must consider the same and pass appropriate orders. No further, better or more specific directions appear to be necessary. 4. With the above observations, this Crl.M.C is dismissed. 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate when application for out of turn disposal is made. (R.BASANT, JUDGE) jsr Crl.M.C.No.354/09 4 Crl.M.C.No.354/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008