Madras High Court Grants Bail To 4 Students Involved In Clashes That Resulted In Death Of A Student, Asks Them To Assist In Trauma Ward

Justice AD Jagadish Chandira ordered the students to be released on bail after executing a bond for Rs 15,000 with two sureties, one of whom should be the father or mother of the student. The court also asked all four students to assist in the Trauma ward of Rajiv Gandhi Government General Hospital & the Government Kilpauk Medical College Hospital and to prepare a writeup of their experience.

The prosecution case was that the students, who were pursuing bachelor degree in Pachaiyappa's College were allegedly involved in a group rivalry with the students of another College over a “Route Thala” issue – a tradition among Chennai college students were a group of boys gather at the doors of bus and sing songs, often praising them and their colleges. The issue however took an ugly turn when a student, Sundar was assaulted leading to his death. The petitioners however argued that they were innocent and were falsely implicated in the case.

When the bail petitions first came up before Justice Jagadish Chandira, noting an increase in clashes among college students, the judge asked the Registry to implead the Secretary to Government, Higher Education Department to explore the possibility to have a check on the issue. The court noted that while sympathy was being shown to the victims, no empathy was shown to the students, who could be guided at the sprouting stage instead of drowning themselves in unwanted groupism. The court noted that it was necessary to appraise the youngsters through parent teacher meetings.

“It is much painful to note that while mere sympathy is being shown for the victim student, no empathy is being manifested from any quarter, which alone could prevent any such predicament in future. Students are only at sprouting stage and they can, very well, be guided through enlightenment towards their aspirations instead of ruining their career by drowning themselves into unwanted groupism. This could be achieved only by constant teacher-parent meets in School level itself and apprising the young ones about the bright side of the power of unity and prevent them from being lured by the dark side of the same,” the court said.

During the proceedings, the State also informed the court that totally 231 cases involving students had been recorded in the last decade and the cases predominantly involved altercations and disturbances among student commotion. The Government Secretary informed the court that communications had been sent to the Principals of Pachaiyappa's College and Presidency College, whose students were often involved in these incidents, to sensitise the students.

Emphasising the importance of regular Teacher-Parent-Student meetings to mould the personality of the students, the court also expressed doubts on whether the meetings were conducted at regular intervals. The court remarked that often teachers and lecturers of Government Institutions, who were supposed to be the role model of students, indulged themselves in other profession and set up proxies for them.

“The present scenario leaves a doubt in the mind of the court as to whether such meets are being conducted efficaciously, rather, in reality. It would be apposite to note that of late, many cases come to surface where well paid Teachers/Lecturers of Government Institutions, who need be a good role model to their students, engage somebody for proxying them and indulge themselves in some other occupation or financial transactions, without bothering the education and career of the students,” the court observed.

Counsel for the Petitioner: Mr.P.Muthamizhselvakumar, Mr.S.Mohan Raj, Mr.D.Dhanasekar

Counsel for the Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

Citation: 2024 LiveLaw (Mad) 465

Case Title: Chandru and Others v. State

Case No: Crl.O.P.Nos.27676, 27493, 27688 & 28311 of 2024