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2006 Supreme(Ker) 399

C.N.RAMACHANDRAN NAIR
Alpha Jose – Appellant
Versus
State of Kerala – Respondent


Judgment :-

C.N. Ramachandran Nair, J.

The two petitioners, who are Third Year B.Sc. Nursing students in the School of Medical Education run by, the Mahatma Gandhi University at Kottayam are challenging their suspension from the institution on account of the criminal case pending against them before the Judicial Magistrate of the First Class, Ettumannur, for ragging punishable under S.4 of the Kerala Prohibition of Ragging Act, 1998, hereinafter called the "Actâ€. FIR is filed against the petitioners based on Ext.P4 complaint filed by a first year B.Sc. Nursing student of the same School by name Ms. Supimol on 19.11.2005 before the District Superintendent of Police stating that the two petitioners were supporters of two boys by name Ranjith and Sherine who ragged and sexually assaulted the complainant. The main allegation against the petitioners in Ext.P4 which led to filing of FIR is that they along with other girls ragged the complaint in the ladies hostel by compelling the complainant to sing, dance, jump, etc. Even though Ext.P4 does not contain the date on which petitioners ragged the complainant in the hostel, in the FIR filed by the police, the date of ragging by the petitio



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