The High Court of Kerala quashed criminal proceedings against a doctor accused of brothel-keeping. The court held allegations did not prove non-brothel offences and the jump from a window to escape police did not constitute suicide.
C.C. No.690 of 2015 and further proceedings against petitioner quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
Crl.MC.No. 1254 of 2019
CC 690/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, ERNAKULAM
CRIME NO. 671/2014 OF Kadavanthra Police Station, Ernakulam
PETITIONER/A3:
RANJITH JOHN JACOB, AGED 43 YEARS, S/O.JACOB,BATHSDAY BHAVAN,KARIKKUNATH VEEDU, POTHENCODE.P.O,THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI. AJITH MURALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The petitioner herein is a Doctor by profession. He finds himself arrayed as the 3rd accused in C.C.No.690 of 2015 on the file of the Judicial First Class Magistrate Court-VII, Ernakulam. He faces indictment under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 and Section 309 of the IPC.
CWs.1 to 3 are Civil Police Officers of Kochi City Shadow Police. They were ordered by their superior officer to conduct a discreet search in home-stay apartments in Kochi City to check on the trafficking of drugs. They entered a home-stay run by the accused Nos.1 and 2, who are husband and wife respectively. When they knocked on one of the apartments, a lady, who has been arrayed as accused No. 4, opened the door. While they were conversing with the lady, they noticed that a man was inside. They went after him and it is alleged that the said man jumped out of a window with a view to escape. He fell on the ground below and sustained some injuries on his scalp. He was later apprehended and on interrogation, he is alleged to have disclosed that he had rented
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out the apartment by paying a sum of Rs.2,000/- to the accused Nos. 1 and 2 with a view to have a physical relationship with the 4th accused. A report to that effect was submitted before the Sub Inspector of Police, based on which, Crime No.671 of 2014 of the Kadavanthara Police Station was registered under Section 309 of the IPC and under Sections 3 & 4 of the Immoral Traffic (Prevention) Act, 1956.
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application insofar as the petitioner is concerned and hence, the proceedings against him, if permitted to continue, would result in abuse of process. According to the learned counsel, the prosecution has no case that the petitioner has kept, managed or assisted in keeping a brothel house. There is no allegation in the final report that the petitioner was living on the earnings of prostitution of any other person. Admittedly, the petitioner is running a hospital at Palakkad and he was found in the company of the 4th accused in a home stay apartment. The prosecution even has no case that they had a sexual relationship. The registration of the crime itself is illegal as according to the learned counsel, the police had no business in conducting a search inside a private apartment without a warrant from the jurisdictional court.
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not have any application in the instant case.
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evaluation of the above provisions would show that the essential ingredients to attract Section 3 of the Act are that the accused must keep or manage or act or assist in the keeping or management of a brothel. There is no allegation in the final report that the petitioner had kept a brothel or he has been managing a brothel or acting or assisting in the keeping or management of a brothel. In view of the above Section 3 of the Act cannot have any application against the petitioner. Section 4 of the Act deals with punishment for living on the earnings of prostitution. In order to attract this provision, it must be alleged and established that the accused, who is over the age of 18 years knowingly lives, wholly or in part, on the earnings of prostitution of any other person. On going through the allegations, I am unable to hold that the prosecution has made out a case that the petitioner had indulged in the acts prohibited by Section 4 of the Act.
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the IPC. The essence of suicide is an intentional self-destruction of life. In the instant case, even if the prosecution case is admitted in its entirety, the intention of the petitioner was obvious. He did not want himself to be found in the company of the 4th accused and made an attempt to flee. He jumped out of a window and sustained some minor injuries. The word “attempt” in Section 309 of the IPC would connote a conscious endeavor on the part of the petitioner to commit suicide. Having gone through the materials, I am of the view that no conscious endeavor was made by the petitioner to commit suicide. On the other hand, all that he wanted to do is escape from the persons, who had tried to enter the premise while he was in the company of the 4th accused. In view of the above, the ingredients of Section 309 of the IPC will not be attracted against the petitioner.
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justice to permit a prosecution to continue. Having considered the entire facts and circumstances I am of the view that continuation of the prosecution is an unwanted exercise and can justifiably be quashed in the interest of justice.
In the result, this petition will stand allowed. Annexure-A final report and all further proceedings against the petitioner now pending as C.C. No.690 of 2015 on the file of the Judicial Magistrate of the I Class VII, Ernakulam are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
DSV/22.3.19
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A FREE COPY OF THE FINAL REPORT IN CRIME NO.671/2014 OF THE KADVANTHARA POLICE STATION.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
P.A.TO JUDGE
3 issues framed by the court
Whether the allegations in the final report prima facie establish the offences under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 and Section 309 of the IPC against the petitioner.
Whether the act of jumping out of a window to escape police personnel constitutes an attempt to commit suicide under Section 309 of the IPC.
Whether quashing of the prosecution in the interest of justice is warranted at the initial stage.
3 provisions across 2 enactments
Ranjith John Jacob
State of Kerala
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
