SEKAR REPORTER

Court News from Madras High Court

It is open to the respondents to proceed against the SchoolManagement concerned for recovery of amount paid to the victims family.List the matter on 30.09.2024 at 2.15 p.m. for filing of counter affidavit by the respondents. The jurisdictional Judicial Magistrate shall also file a report with regard to the investigation done.(D.K.K., ACJ.) (P.B.B., J.)19.09.2024JvmNote: Registry is directed to mark a copy of this order to all the respondents.Copy to:The Chief Judicial Magistrate, Krishnagiri.THE HON’BLE ACTING CHIEF JUSTICE andP.B. BALAJI, J.JvmWP No.25034 of 202419.09.2024

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WP No.25034 of 2024
THE HON’BLE ACTING CHIEF JUSTICE and
P.B. BALAJI, J.
(Order of the Court was made by the Hon’ble Acting Chief Justice)
The learned Public Prosecutor appearing for the respondent police submitted that since the death of the main accused Sivaraman occurred while he was in judicial custody, investigation is being done by the Judicial Magistrate concerned.

  1. Mr.P.S.Raman, learned Advocate General appearing for the State submitted has placed records with regard to further investigation being done by the Special Investigating Team and further informed that 3 more police officials viz., one Superintendent of Police, who is also a Medical Doctor and two other Deputy Superintendent of Police have been inducted in the Special Investigating Team.
  2. Mr.A.P.Suryaprakasam, learned counsel for the petitioner submitted that a comprehensive counter affidavit may be filed by the respondents so as to enable the petitioner to submit his reply. The learned counsel for the petitioner also submitted that so far no ex-gratia compensation has been paid to the victims’ families and therefore, this Court may fix suitable exgratia compensation to be paid to the victims’ families.
  3. The learned Advocate General has agreed in the last hearing to pay ex-gratia compensation to the victims families, but they are not in a position to determine the quantum of compensation to be paid to the victims’ families. The learned Advocate General further submitted that some of the victims families have refused to receive the interim compensation as ordered by the Mahila Court, Krishnagiri.
  4. In such circumstances, we are inclined to pass the following interim order:
    (i) State Government shall pay ex-gratia compensation of Rs.5,00,000/- each to two victims, who have suffered most at the hands of the deceased Sivaraman and Rs.1,00,000/- to other victims families.
    (ii) The said ex-gratia compensation shall be deposited by the State Government before the Fast Track Mahila Court, Krishnagiri, within a period of four weeks from the date of receipt of a copy of this order.
    (iii) On such deposit, it is open to the victim’s families to file appropriate application before the Mahila Court, Krishnagiri for withdrawal of the ex-gratia compensation. The Secretary, District Legal Services Authority, Krishnagiri shall render necessary assistance to the victims families for withdrawal of ex-gratia compensation.
    (iv) It is open to the respondents to proceed against the School
    Management concerned for recovery of amount paid to the victims family.
    List the matter on 30.09.2024 at 2.15 p.m. for filing of counter affidavit by the respondents. The jurisdictional Judicial Magistrate shall also file a report with regard to the investigation done.
    (D.K.K., ACJ.) (P.B.B., J.)
    19.09.2024
    Jvm
    Note: Registry is directed to mark a copy of this order to all the respondents.
    Copy to:
    The Chief Judicial Magistrate, Krishnagiri.
    THE HON’BLE ACTING CHIEF JUSTICE and
    P.B. BALAJI, J.
    Jvm
    WP No.25034 of 2024
    19.09.2024

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