The law establishes that a person may be liable for abetting suicide even if the attempt is unsuccessful, reflecting the seriousness of the conduct involved.

A person attempts to commit suicide. He is culpably abetted by another to so commit suicide. Providentially he escapes and he does not die. Is the law helpless against the one, who abets the commission of suicide (I mean the attempt thereof) merely because the attempt was unsuccessful? Is he guilty of the offence punishable under Section 306 r/w. 511 IPC or at least under S. 309, r/w. 116, IPC? Or, is the law to throw its hands up and say that you can go on abetting, you can go on attempting to persuade or goad a person to commit suicide, you may succeed in your attempt to abet; he may attempt to commit suicide also, but if he does not die, you can go scot free. Can that be the law ?

2. How serious is the law in its attempt to prevent ragging ? Do we lack the societal, political, legislative and administrative will to prevent ragging? Do we accept ragging as not serious enough that it can be left entirely to the management, principals and Wardens to tackle the problem? Why does ragging continue to be a non-cognizable, and bailable offence in the statute book, fettering considerably the effectiveness of the preventive action possible and the deterrence against commission of such offence of ragging?

3. These sets of questions, the former legally interesting and the latter socially disturbing, do arise for consideration in this bail application.

4. To the crucially vital and relevant alleged facts first. A young student with a rural background born of parents from the economically weaker section of the community achieved the dream of himself and his family. He secured admission to a State run professional college. This proved achiever with a lot of idealism in his young mind with trepidation walked into the professional college the Government Veterinary College, Mannuthy. He joined the college on 9-10-2007. He was subjected to harrowing, humiliating, embarrassing and harassing acts of his senior students. He was subjected to the most inhuman methods of physical and mental torture that goes in the name of ragging. He went back to his house at the first available opportunity on the 18th. He was forced to come back to the college on 22-10-2007 as he could not continue to be away any longer.

4A. When he returned, he realised that he will not be able to avoid the harrowing experience any further. He was requisitioned to perform the debasing act of oral sex with his senior students. He was made of sterner stuff. He could not persuade himself to accept the practical philosophy - that if you cannot avoid getting raped, lie back and enjoy it. Realising that he cannot escape such experience any longer, he decided to leave a suicide note to a dear teacher of his and bid goodbye to this world. He attempted to commit suicide by cutting a vein on the wrist. As the good fortune of the parents would have it, he was taken to the hospital in time and his life was saved. The police have not so far initiated any proceedings under Section 309 I.P.C. against him. The conscience of the righteous in and outside the campus was badly shaken. What action must be taken? How does civil society respond to this trauma? What can the law enforcement-machinery the police, do in such a circumstance? These questions were raised.

5. The police officers found that certainly the offence of ragging punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998 was committed. But those offences are non-cognizable and bailable going by the schedule to the Code of Criminal Procedure. There is no stipulations otherwise in the Act. In these circumstances there was tentative attempts to make different allegations under Sections 306, 377, 377 r/w. 511 I.P.C. and finally under Section 306 r/w. 511 I.P.C.

6. Submissions were initially made by the learned D.G.P., who himself chose to appear in the matter. At his directions allegations are now raised of offences punish able, inter alia, under Section 306 r/w. 511 I. P. C. Factual allegations were always there. The conf