Kochi: The Kerala High Court on Thursday granted bail to P. Krishnadas, chairman and managing trustee of Nehru College of Educational and Charitable Trust and first accused in the Jishnu suicide case. The court observed that there was no material available in the case diary to show that the petitioner had instigated the deceased to commit suicide. I have no doubt that the case of the vice-principal, the invigilator and other officers stands on a different footing. I have already mentioned that there is evidence to show that they had subjected the deceased to cruelty. But there is no material indicating that the petitioner was involved in it,” the court said.
If the petitioner was arrested, he should be granted bail after executing Rs 1 lakh and two solvent sureties for the like sum. The petitioner shall not remove any electronic evidence connected with the case from the college, the court held. The court restrained Krishnadas from entering the college premises. A general allegation is not sufficient to attract Section 107 (abetment of a thing) and 306 (abetment of suicide). As held by the Supreme Court there must be direct evidence that the petitioner was actively involved in instigating the deceased.
The court observed that the case diary and the statement of the witnesses clearly reveal that the prosecution was not able to collect any evidence to prove abetment of suicide. General allegations in connection with the case is not sufficient to attract these offences and there must be a direct evidence, the court held. The court also pointed out there is no evidence to prove that the petitioner was directly or indirectly involved in the incident that took place in the room of the principal where Jishnu was allegedly tortured.
The prosecution relied on the statement of the principal of the college, Mahesh, uncle of Jishnu and two students of the college. The statement of principal clearly shows that vice-principal and other accused subjected Jishnu to mental cruelty. The statement of Mahesh was based on hearsay alone. There was not a suggestion that the petitioner was directly or indirectly involved in the incident. The principal's statement does not show even the presence of the petitioner in the college. Shaukathali, a student of a college of Nehru group also alleged that the petitioner assaulted him. “But that cannot be take into account in Jishnu's case. It is totally independent one,” the court said.
