K. Abraham Mathew, J.

Petition filed under Section 438 Cr.P.C.

2. The petitioner is the Acting Chairman and Managing Trustee of the Nehru College of Educational and Charitable Trust which has in its ownership and administration 19 education institutions situated in Kerala and Tamil Nadu, one of them being Nehru College of Engineering and Research Centre situated at Pampadi in Thrissur District. One Jishnu Pranoy was a first year student in that college. On 06.01.2017 he appeared for the semester examination conducted from 2 pm and 5 pm. At about 4.30 pm he along with another student by name Jishnu Raj was caught for alleged malpractice. At about 6.30 pm Jishnu Pranoy committed suicide in his room in the men's hostel attached to the college. The local police registered Crime No. 19/2017 under Section 174 Cr.P.C. The First Information Statement given by one of the students revealed that there was harassment and mental torture by the Vice Principal, the Invigilator and other officers of the college in connection with the allegation of malpractice, which was the reason for Jishnu Pranoy's committing suicide. Later, the government constituted a Special Investigation Team to investigate into the incident. On 12.02.2017, the investigating officer sent a report to the learned Magistrate concerned stating that there is evidence to show commission of the offences under Sections 120-B, 201, 306, 323, 384, 465, 468 and 471 IPC. The first semester examinations were originally scheduled to be held in the first week of December 2016. It was postponed to January, 2017. The students left the hostel and their place of residence for their homes or elsewhere. Later, they were informed that the examinations were advanced to December, 2016. Jishnu Pranoy protested against it and sent complaints to the University and other authorities and he urged other students to do so. The main ground was that there was violation of the mandatory rule that minimum fourteen days notice should be given for the examination. This was not liked by the college authorities and according to the prosecution they targetted Jishnu Pranoy. On 06.01.2017, the examination started at 2 pm and by about 4.30 pm the 4th accused, the Invigilator, asked Jishnu Pranoy and Jishnu Raj to produce their answer sheets. The latter was sitting just in front of the former. The Invigilator told them that Jishnu Raj allowed Jishnu Pranoy to copy his answers. Both of them denied it. They were taken to the principal's room, where they met the Vice Principal who is the 3rd accused in this case. The Vice Principal and the Invigilator threatened Jishnu Raj as well as Jishnu Pranoy that unless they struck off their answers they would be barred for three semesters. Jishnu Raj refused to do so. Jishnu Pranoy struck off his answers. The Vice Principal and the Invigilator took from him signed blank papers. According to the prosecution those accused forged an apology letter in the signed papers obtained from Jishnu Pranoy. This incident was the immediate cause of Jishnu Pranoy's committing suicide.

3. The allegation against the petitioner is seen in paragraphs 6 to 8 in the statement filed by the investigating officer, Assistant Superintendent of Police. It is quoted below.

"6. The petitioner (A1) is the principal conspirator who wants to enforce so called discipline in the college by intimidating and mentally or physically harassing the students. For the said purpose he conspired with the other accused, from the very inception of the functioning of the college and the said conspiracy is still in existence. In accomplishment of the said conspiracy the accused used to extort the students to sign blank papers with a view to make it their false confessions so as to convert it into a document for relinquishing the rights of the students who complained against the illegal acts and deeds of the college authorities. They hold the students to ransom, and get these signatures by fear of injury as well as withh