IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.Rev.Pet.No. 1037 of 2009() ------------------------------ C.P. NO. 150/08 OF THE J.F.C.M., IRINJALAKUDA .................... REVN. PETITIONER(S): ACCUSED ---------------------------- 1. FR.WILSON THARAYAIL PRINCIPAL, CHRIST VIDHYA NIKETHAN SCHOOL, IRINJALAKUDA. 2. SUMA JOSE, VICE PRINCIPAL, CHRIST VIDHYA NIKETHAN SCHOOL, IRINJALAKUDA. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): --------------- 1. SOWMYA, W/O.LATE BAHULEYAN MULLASSERY HOUSE, THALOOR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1037 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-03-2009 ORDER Petitioners who are accused Nos. 1 and 2 in C.P. No. 150 of 2008 on the file of the J.F.C.M., Irinjalakuda for an offence punishable under Sec. 306 I.P.C. challenge the order dated 6-12- 2008 passed by the Magistrate taking cognizance of the offence and issuing process against the petitioners. Petitioners are the Principal and Vice Principal of an Educational Institution where one of the teachers by name Bahuleyan committed suicide. According to the prosecution, the petitioners had abetted the suicide by the said teacher. It is too early to take a view about the complicity or otherwise of the petitioners. It is for the learned Magistrate to scan the entire prosecution records and consider whether a charge is to be framed against the petitioners or not ? I have no reason to believe that the Magistrate will not meticulously go through the prosecution records to find out whether a charge has to be framed or not against the petitioners. The petitioners can plead for a Crl.R.P. No. 1071 of 2009. -:2:- discharge before the Magistrate. In case the petitioners file an application for discharge within three weeks from today, the learned Magistrate shall consider their application without insisting on the personal appearance of the petitioners before the Court. This petition is disposed of as above. It goes without saying that the petitioners will be entitled to cite the judicial pronouncements governing the matter and in case decisions relevant to the issue are cited the learned Magistrate shall consider the same and pass appropriate orders according to law. Dated this the 30th day of March 2009. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.