[Kallakurichi Student Death] Unfortunate That Teachers Are Being Arrested For Asking Students To Study Well: Madras High Court

Justice GK Ilanthiraiyan observed that there was no evidence to show that the girl had been tortured before her death. Even going by the suicide note, there was no evidence to implicate the teachers as they had merely asked the student to study well.

It is unfortunate and sorry state of affairs that the teachers who teach the students are facing threat from their students and their respective parents. It is very unfortunate that the petitioners are now been arrested and are under imprisonment for advising the students to study well. Even as per the suicidal note, there is no evidence to show that the petitioners instigated the deceased to commit suicide soon before her death.

Regretting the recent events, the court also opined that teachers asking the students to study well and directing them to tell the equations was part and parcel of teaching and would not amount to abetment to suicide.

The petitioners were arrested after the parents of the deceased girl filed a complaint with the authorities suspecting the circumstances of their daughter's death. The defacto complainant, parents of the deceased, had claimed that there were injuries on the body of the girl and that this was a case of rape and murder. They alleged that the girl was raped by the sons of the correspondent and the secretary.

The petitioners submitted that this was a case of suicide. The girl had written a suicide note and committed suicide by jumping from the third floor of the hostel and succumbed to the injuries. Even as per the suicide note, the accused teachers had merely asked her to study well. There was no evidence to show that the petitioners had instigated the girl to commit suicide.

The state, however, objected to grant of bail on the ground that the suicide note attracted the offence of Section 305 IPC. It was further submitted that the investigation was still pending and that if the petitioners were released on bail, they could tamper with the evidences.

The court perused the two postmortem reports. As per the reports, the girl had died due to haemorrhage and shock due to multiple injuries sustained. There was no evidence to show that she had died of rape or murder. The court also perused the report produced by JIPMER confirming the findings in the postmortem report.

Thus, in view of such facts and the period of incarceration already undergone by the petitioners, the court granted them bail with conditions.

Case Title: Kiruthika Jayaraj and others v. State

Case No: Crl.O.P.Nos.20088, 20135 and 20406 of 2022

Citation: 2022 LiveLaw (Mad) 374

Counsel for the Petitioner: Senior Counsel Mr.S.Prabakaran, Mr.S.Thanka Sivan

Counsel for the Respondent: Mr.Hassan Mohammed Jinnah, State Public Prosecutor Assisted by A.Damodaran Additional Public Prosecutor

Counsel for the Intervenor: Mr.Sankarasubbu