Kerala High Court
Dr.Jotheshmathi vs State Of Kerala on 5 November, 2025
2025:KER:82964
Crl.M.C..No.1753/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2025 / 14TH KARTHIKA, 1947
CRL.MC NO. 1753 OF 2020
CRIME NO.1067/2019 OF VELLARADA POLICE STATION,
THIRUVANANTHAPURAM
IN CC NO.1992 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,NEYYATTINKARA
PETITIONERS/ACCUSED:
1 DR.JOTHESHMATHI
AGED 59 YEARS
W/O. N. VIJAYAKUMAR,
MANAGER,
PARAMUPILLAI MEMORIAL HIGH SCHOOL,
KARAKONAM,
NEYYATTINKARA,
THIRUVANANTHAPURAM.
(RESIDING AT JOTHESHMATHI,
AGED 59 YEARS,
W/O. N. VIJAYAKUMAR,
197/2, GREEN FIELD HIGH FLATS,
ANNANAGAR WEST, CHENNAI.).
2 DR. N. VIJAYAKUMAR,
AGED 60 YEARS
S/O. NEHEMIAH,
MANAGING TRUSTEE,
PARAMUPILLAI MEMORIAL EDUCATIONAL SOCIETY,
KARAKONAM, NEYYATTINKA,
THIRUVANANTHAPURAM.
BY ADVS.SRI.M.R.ANISON
SMT.BHARGAVI V.
2025:KER:82964
Crl.M.C..No.1753/2020
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RESPONDENTS/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI 31.
2 BIJEESH,
MUDANJARA, NARANI,
KUNNATHUKAL P.O.
NEYYATTINKARA, T
HIRUVANANTHAPURAM 695 504.
BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
03.11.2025, THE COURT ON 05.11.2025 PASSED THE FOLLOWING:
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Crl.M.C..No.1753/2020
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ORDER
The accused Nos.1 & 2 in C.C.No.1992/2019 on the files of the
Judicial First Class Magistrate Court-III, Neyyattinkara, have filed this
petition under Section 482 of the Code of Criminal Procedure, 1973, to
quash the proceedings against them in the said case. The offences
alleged against the petitioners are under Sections 294(b) & 506(i) read
with Section 34 of the Indian Penal Code, 1860 (in short, 'IPC'), and
Section 75 of the Juvenile Justice (Care and Protection of Children) Act,
2015 (in short, 'JJ Act').
2. The prosecution case is that the petitioners, who were the
Manager and Managing Trustee, respectively, of a private School,
subjected two students of the 9th standard of that School to verbal
abuses and criminal intimidation on 06.11.2019 for the reason that one
of them had worn colour dress, and the other one did not trim his hair.
It is further alleged that the first petitioner made one of those students
kneel in the classroom, after making a pat upon his head. Thus, the
petitioners are alleged to have committed the aforesaid offences.
3. In the present case, the petitioners would contend that they
are totally innocent, and that they have been falsely implicated in this
case. It is further contended that none of the offences alleged against
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the petitioners are attracted even if the allegations in the prosecution
records are accepted as such.
4. Heard the learned counsel for the petitioners and the learned
Public Prosecutor representing the State of Kerala.
5. The offence under Section 294(b) IPC is apparently not
attracted in the facts and circumstances of this case since the
prosecution records do not bring out the utterance of obscene words in a
public place by the petitioners. As regards the offence under Section
506(i) IPC, it is not possible to conclude from the prosecution records
that the alleged act of the petitioners scolding the students had caused
alarm in the minds of the students, or that it was intended to cause
those students to do any act which they were not legally bound to do, or
to omit to do any act which they were legally entitled to do as a means
of avoiding the execution of the threat allegedly made by the petitioners.
Therefore, the offence under Section 506(i) IPC is also not attracted in
the facts and circumstances of this case.
6. The following are the requisites to be fulfilled for bringing out
an offence under Section 75 of the JJ Act:-
(i) The persons who were having actual charge of or control over a
child must have assaulted, abandoned, abused, exposed or
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wilfully neglected the child or caused or procured the child to be
assaulted, abandoned, abused, exposed or neglected.
(ii)Such acts of assault, abandonment, abuse, exposure or wilful
neglect should have been done in a manner likely to cause such
child unnecessary mental or physical suffering.
7. The alleged act of the petitioners making one of the students
kneel in the classroom had obviously caused no physical injury to that
student. The statement given by the said student to the Investigating
Officer, does not reveal that he was put to any sort of mental sufferings
as a result of the said incident. He has no complaint that he happened
to suffer ignominy due to his aforesaid act of kneeling in the classroom in
front of the other students. Nor had the above witness stated that his
classmates made fun of him since he had to kneel in the classroom as
directed by the first petitioner. Though it is alleged that the petitioners
had threatened two students that they would be thrashed, the above
students have not stated that the words of the petitioners caused mental
suffering to them. Thus, it is apparent from the prosecution records that
the two students who were subjected to punishment by the petitioners
had not undergone any physical or mental torture as a result of the
alleged acts committed by the petitioners. That being so, it is not
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possible to say that the offence under Section 75 of the JJ Act is
attracted, in the facts and circumstances of the case. In that view of the
matter, the prayer of the petitioners to quash the proceedings against
them, deserves to be allowed.
In the result, the petition stands allowed. The proceedings
against the petitioners/accused Nos.1 and 2 in C.C No.1992/2019 on the
files of the Judicial First Class Magistrate Court-III, Neyyattinkara which
arose out of Crime No.1067/2019 of Vellarada Police Station, are hereby
quashed.
(Sd/-)
G. GIRISH, JUDGE
DST/03.11.25
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APPENDIX
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED
30.08.2019 IN WPC NO. 22093/2019 OF THIS
HON'BLE COURT.
ANNEXURE 2 CERTIFIED COPY OF THE COMPLAINT FILED BY
BROTHER OF ONE ABHIJITH BEFORE THE
VELLARADA POLICE STATION, DATED NOVEMBER,
2019.
ANNEXURE 3 CERTIFIED COPY OF THE FIR ALONG WITH FIRST
INFORMATION STATEMENT.
ANNEXURE 4 TRUE COPY OF ORDER PASSED BY THE SESSIONS
COURT, THIRUVANANTHAPURAM IN CRL.M.C.
2833/2019 DATED 05.12.2019 IN
ANNEXURE 5 TRUE COPY OF FINAL REPORT DATED 1112.2019
PREPARED BY THE S.I. OF POLICE, VELLARADA
POLICE STATION.
