Kallakurichi Student Suicide : Supreme Court Issues Notice On Mother's Plea Challenging Bail Granted To Accused

The Supreme Court on Wednesday issued notice on a petition challenging the order of the Madras High Court which granted bail to 5 accused persons in the Kallakuruchi student suicide case.

A bench comprising of Justices B. R. Gavai and Vikram Nath sought response on the plea filed by the mother of the victim. Senior Advocate Siddharth Luthra assisted by AOR Rahul Shyam Bhandari and Advocate G Priyadarshini appeared for the petitioner.

The petitioner has contended that the impugned judgment is against the basic principles of bail jurisprudence. The petition also stated that the High Court also "erred in giving the findings on the merits of the case which comes in the way of fair trial and dispensation of justice."

The petitioner stated in the petition that the High Court had passed the judgment in the manner as if it was seized of the appellate proceedings pertaining to the acquittal of the accused. The petition pointed out that, "the High Court also went on to observe that the offence of 305 of IPC is not at all attracted against the respondents/accused person in para 16 of the impugned judgment clearly passing the judgment in the nature of acquittal than merely giving bail order."

The petition submitted that the accused are influential people and can affect the investigation and pose a threat to the family of the petitioner.

The petitioner further conteded that one of the accused has criminal antecedent which was not considered by the Court and another accused who had not filed an application was granted bail on an oral prayer being made which is unjust and arbitrary exercise of power.

Thus it was prayed by the Petitioner to allow his petition and set aside the impugned order passed by the High Court of Madras.

The alleged suicide of the Class 12th student had led to a public outcry and widespread protest in Tamil Nadu.

Case : A. P. Selvi vs State Represented by Inspector of Police and Ors. - Diary No. 28205/2022

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