IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2022

CORAM

THE HON’BLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.Nos.20088,20135 and 20406 of 2022

 

 

1.Kiruthika Jayaraj @ KeerthikaJayaraj

2. Haripriya      …Petitioners in

Crl.O.P.No.20088 of 2022

 

 

1.E.C.Ravikumar

2.R.S.Shanthi                                              …Petitioners in

Crl.O.P.No.20135 of 2022

 

 

Sivasankaran                                                …Petitioner in

Crl.O.P.No.20406 of 2022

 

Vs.

 

1. State represented by

The Inspector of Police,

Chinnaselam Police Station,

Kallakurichi

Crime No.235 of 2022

 

2. State represented by The Inspector of Police

CBCID -North, Villupuram

Crime No.01 of 2022.                                 …Respondent in

Crl.O.P.Nos.20088 & 20135 of 2022

State represented by

The Inspector of Police, CBCID Villupuram Police Station, Villupuram District.

Crime No.01 of 2022                                 …Respondent in

Crl.O.P.No.20406 of 2022

 

 

 

PRAYER in Crl.O.P.Nos.20088 & 20135 of 2022:

Criminal Original Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail pending investigation in crime No. 235 of 2022 on the file of the 1^st respondent police and later transferred and registered as Crime No.01 of 2022 on the file of the 2^nd respondent police.

 

PRAYER in Crl.O.P.No.20406 of 2022:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in a case registered as FIR No. 01 of 2022 on the file of CBCID Villupuram Police Station.

Crl.O.P.Nos.20088 & 20135 of 2022 :

For Petitioners : Mr.S.Prabakaran,

Senior Counsel

 

For Respondent : Mr.Hassan Mohammed Jinnah,

State Public Prosecutor

Assisted by A.Damodaran

Additional Public Prosecutor

For Intervenor : Mr.Sankarasubbu

 

Crl.O.P.No.20406 of 2022:

For Petitioner    : Mr.S.Thanka Sivan

 

For Respondent : Mr.Hassan Mohammed Jinnah,

State Public Prosecutor

Assisted by A.Damodaran

Additional Public Prosecutor

COMMON ORDER

The petitioners in all the Crl.O.Ps, were arrested and remanded to

judicial custody on 18.07.2022 for the offences punishable under Section 174(1) of Cr.P.C., and later altered into the offence under Sections 305 of

I.P.C and Section 75 of Juvenile Justice (Care and Protection of

Children) Act, 2002 and Section 4(B)(ii) of Tamil Nadu Prohibition of

Harassment of Women Act, 2002, seeks bail.

 

2. The case of the prosecution is that the deceased victim studied

12^th standard at Sakthi Higher Secondary School at Kallakurichi District as a day scholar. Thereafter, she was boarded in the hostel of the said School. While being so, on 13.07.2022, the parents of the victim girl received a phone call from the School and informed that the victim jumped from the third floor of the school hostel. After 30 minutes, the parents received another call and informed that their daughter died and her body was kept in the Government Hospital at Kallakurichi. Immediately they rushed to the Hospital and while seeing the body of the deceased they found certain injuries on the deceased neck. On enquiry, the Doctors found that the deceased was brought dead to the hospital. Thereafter, the parents of the deceased went to the School and verify the place of occurrence and found that there was no evidence to show that the deceased jumped from the third floor and that apart there was no blood stain on the floor. Therefore, the parents of deceased suspected the School Authorities with regards to their daughter’s death and lodged a complaint before the first respondent. The first respondent on receipt of the complaint, registered the FIR in Crime No. 235 of 2022 under Section 174 of Cr.P.C. and had sent the body of the deceased for postmortem. Thereafter, the entire investigation has been transferred to the file of the 2^nd respondent. On receipt of the case diary, the

2^nd respondent registered another FIR in Crime No.01 of 2022 under Section 174(1) of Cr.P.C. While pending investigation, the second respondent altered the FIR to the offence under Section 305 of I.P.C and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2002 and Section 4(B)(ii) of Tamil Nadu Prohibition of Harassment of

Women Act, 2002 against five accused persons.

 

3. The learned Senior Counsel appearing for the petitioners (A1

to A4) and the learned counsel appearing for the petitioner/A5 would submit that, it is a case of suicide. The deceased had studied 12^th standard at Sakthi Higher Secondary School in Kallakurichi District. The deceased was an hostel student and there she felt difficulties in studies and thereby she written a suicidal note and committed suicide by jumping from the third floor of the hostel and succumbed to the injuries. The first accused is the Maths Teacher and the second accused is the Chemistry Teacher of the deceased. The third accused is the Correspondent of the said School and the fourth accused is the wife of the third accused, who happens to be the Secretary of the School. The fifth accused is the Principal of the said

School.

 

4. As per the suicidal note, the deceased felt difficulties in solving the equations of the Chemistry Subject. That apart, the Chemistry Teacher/A2 had put pressure on the deceased to study well and she also used to scold her to study well. Further she complained to other staff members about her studies. That apart, the Maths Teacher/A1 also put pressure on the deceased to study well and complained to other staff members. On the date of occurrence, the Chemistry teacher / A2 who had taken class for her also enquired about the same and they also compelled other students to study well. Therefore, the deceased felt difficulty to study further and decided to commit suicide. She further requested the correspondent and Secretary namely A3 and A4 in the suicidal note to return the Tuition Fees as well as the Book Fees to her parents. Therefore, it is a clear case of suicide and there is absolutely no evidence to show that the petitioners had instigated the deceased to commit suicide as alleged by the prosecution. The learned Counsels appearing for the petitioners also pointed out that, while pending investigation, the defacto complainant filed Writ Petitions before this Court for change of investigation and re-postmortem of the deceased in W.P.No. 18455 of 2022 before this Court. While pending the said Writ Petition, the investigation has already been transferred to the

2^nd respondent from the file of the 1^st respondent.

5. In so far as the postmortem is concerned, this Court passed

interim direction to conduct re-postmortem consisting three Doctors from different Hospitals. Accordingly, re-postmortem also conducted and it reiterates the opinion of the first postmortem except few injuries which were left out in the first postmortem. Again, the defacto complainant without satisfying with the second postmortem asked for third postmortem consisting other Doctors. Considering the said plea, this Court had sent the both postmortem reports for the opinion of the JIPMER Forensic Experts.

 

6. On perusal of both the postmortem report, the Experts of the JIPMER Hospital gave opinion and thereby accepted postmortem reports submitted by earlier two teams. Therefore, there is absolutely no evidence to attract any of the offence as against the petitioners. Even according to the suicidal note of the deceased, the entire allegations are only as against the Maths Teacher and the Chemistry Teacher and there is no allegations as against the Correspondent and Secretary namely A3 and A4 and also as against the Principal of the said School namely A5. He further submitted that the defacto complainant instigated local group of persons belonged to the political party and trespassed into the school premises. They completely ransacked the entire school premises and caused damage to the several crores. It is evident from vediographs. In fact, it was live telecasted by all channels. Then only, the petitioners have been arrested and remanded to Judicial Custody on 18.07.2022 and thereby suffering incarceration from the date of arrest.

 

7. The learned counsel for the intervenor appearing on behalf of

the defacto complainant submitted that it is a clear case of rape and murder of the minor victim girl. Initially, she was a day scholar student of the Sakthi Higher Secondary School in Kaniyamoor Village at Kallakurichi District. Since, she studied twelfth standard, the petitioners compelled her parents to board in their School Hostel. Therefore, the defacto complainant admitted the deceased into the School Hostel. Thereafter, the alleged occurrence had taken place on 12.07.2022 at about 12.00.a.m., inside the hostel. The defacto complainant received phone call from the School and informed that their daughter jumped from the third floor of the hostel.

Immediately within half-an-hour, they received another phone call and informed that their daughter died by committing suicide. Immediately, they rushed to the Government Hospital, Kallakurichi and they found certain injuries on the deceased neck and thereby they suspected her death. He also vehemently contended that the first postmortem report was conducted by one Doctor and left out various injuries found in the second postmortem. Hence, this Court directed to get Expert’s opinion from the JIPMER Hospital, Pondicherry. He also submitted that there is a bite mark and finger prints found on the right breast of the deceased only in the second Autopsy and also there is a blood stain in the inner wears of the deceased. In a case of suicide, there is no possibility of blood stains in the inner garments and he further pointed out that there was a contusion in the right breast measuring 4x2x0.5 cm and in the left breast measuring 2×0.1×0.5 cm found in the first autopsy and it probably be a love bites. He further submitted that there is absolutely no possibility for breakage of all ribs in any kind of fall and there is a lacerations over right lung and it is not all possible due to fall from height. He also submitted that when the deceased had fallen from height, there is no possibility for fracture on her pelvis. Therefore, the pattern of the injuries are not consistent with suicidal fall and death. He also suspected the involvement of the sons of A3 and A4, who were the Correspondent and Secretary of the School since there is blood stain in the staircase. Therefore, there is a possibility of rape and murder of the deceased. It is very premature to grant bail to the petitioners, since the deceased was brutally raped and murdered and therefore, he prays for dismissal of the bail petition.

 

8. The learned Public Prosecutor appearing for the State would

submit that the originally FIR has been registered for the offence under Section 174 of Cr.P.C and now it has been altered for the offence under

Section 305 of I.P.C and Section 75 of Juvenile Justice (Care and

Protection of Children) Act, 2002 and Section 4(B)(ii) of Tamil Nadu Prohibition of Harassment of Women Act, 2002 against the petitioners. He further submitted that the correspondent in this case has already involved in a case of murder and in a case of suicide of another student in the year 2004 and 2007. As per the postmortem reports and opinion of experts from the JIPMER Hospital, there is no evidence to attract the offence under rape or murder. All the accused were abetted the deceased to commit suicide. He produced the suicidal note and it attracts the offences under Section 305 of IPC. He also produced both the postmortem reports, expert opinion on the two postmortem reports, statements of the friends of deceased and Accident Register. Accordingly, the FIR is altered into the above said offences and arrested the petitioners and remanded to judicial custody. All the injuries found on the body of the deceased revealed that happened due to her jump from third floor at Hostel approximately 40 ft height from the floor. While jumping, she was hit by tree and fell down. Therefore, she sustained grievous injuries and died. However, investigation is still pending and if the petitioners are released on bail, they may hamper or tamper the evidence or witness, therefore, he vehemently opposed for grant of bail to the petitioners.

 

9. There are five accused, in which, the petitioners are A1 to A5.

The first accused is the Maths Teacher and the second accused is the Chemistry Teacher of the deceased. The third accused is the Correspondent of the Sakthi Higher Secondary School, Kaniyamoor Village, Kallakurichi and the fourth accused is the wife of the third accused, who happens to be the Secretary of the School and the fifth accused is the Principal of the said School. The deceased studied twelth standard in their School and she was hosteler. On 12.07.2022, deceased committed suicide by jumping from the third floor of the hostel. While she was falling from the third floor, she was hit by the tree and fallen down. Immediately she was taken to the Government Hospital at Kallakurichi and there it was declared that the deceased was brought dead to the Hospital. It is also evident from the Accident Register of the Government Medical College and Hospital at Kallakurichi dated 13.07.2022 that the deceased was brought dead to the hospital by School staffs. The first respondent registered the FIR under Section 174 of Cr.P.C in Crime No. 235 of 2022. Thereafter, the deceased body was sent to Autopsy and the first Autopsy was conducted on

14.07.2022 and opined as follows:

“THE DECEASED WOULD APPEAR TO HAVE DIED OF

HEMORRHAGE AND SHOCK DUE TO MULTIPLE

INJURIES SUSTAINED: HOWEVER FINAL OPINION

RESERVED PENDING REPORT OF CHEMICAL

ANALYSIS OF VISCERA”.

10. On dissection found that the fracture of ribs along with para

vertebral line with extravasation of blood into surrounding para vertebral muscles and left side ribs were found intact. Since, the deceased had fallen from height, certain other injuries also found on the body of the deceased as follows:

Dark red abrasions measuring

1. 5 cm on the root of the nose;
2. 2 in number measuring 2×0.5 cm & 1.5×1.5 cm on the right

shoulder;

• 2 in number measuring 22×1.5 cm and 17x1cm on the back of

right arm;

1. 5 cm on the outer aspect of lower part of right arm;
2. 3 in number each measuring 1×0.5cm on the outer aspect of right elbow;
3. 12 x 1 cm on the inner aspect of upper and middle part of right forearm;

• 1.5 x1 cm on the back of right palm;
• 3 in number each measuring 1.5×0.5 cm on the lower and outer quadrant of right breast;

3. 5×0.5 cm on the back of right side of chest;
4. 5 cm on the outer aspect of right abdomen;
5. 5×2 cm on the outer aspect of lower part of right leg; xii.           5×0.5cm on the outer aspect of right ankle;

xiii.           3 in number each measuring 0.5×0.5cm on the inner aspect of

right ankle;      xiv.            1×0.5 cm on the back of left side of chest.

Laceration Measuring 3 x 1 cm x scalp deep on the left                     parietal region of scalp

11. However, without satisfying the Autopsy conducted by Government Medical College & Hospital, Kallakurichi, the defacto complainant filed writ petition before this Court in W.P.No. 18455 of 2022 for transfer of investigation in Crime No.235 of 2022 from the file of the first respondent and also seeking re-postmortem of deceased. While pending the said Writ Petition, the investigation in Crime No. 235 of 2022 has been transferred to the file of the second respondent. On receipt of the case diary, the second respondent registered another FIR in Crime No.01 of 2022 under

Section 174 of Cr.P.C.

 

12. By an interim order dated 18.07.2022, this Court ordered for

re-postmortem consisting the following Doctors:

1. Geethanjali, Professor, Villupuram Medical College
2. JuliananJayanthi, Professor, Trichy Medical College
3. Gokulakrishnan, Professor, Salem Medical College Accordingly, the second Autopsy was conducted on 19.07.2022 and opined as follows:

THE DECEASED WOULD APPEAR TO HAVE DIED

DUE TO THE EFFECTS OF MULTIPLE INJURIES SUSTAINED (CHEST, ABDOMEN AND PELVIS):

HOWEVER FINAL OPINION RESERVED PENDING

REPORT OF CHEMICAL ANALYSIS OF VISCERA

 

13. Though other injuries are found on the body of the deceased

those are all antimortem injuries and there is no iota of evidence for rape and murder of the deceased as per the postmortem reports. Infact, without satisfying the second Autopsy as requested by the defacto complainant, this Court further directed for experts opinion on both the Autopsy reports. Accordingly, the experts were constituted consisting the following members:

1. Kumar Kumar Shaha
2. Siddhartha Das
3. Ambika Prasad Patra

Of JIPMER Hospital, Pudhucherry

Expert team of Doctors, after thorough analysis of both the Autopsy reports, came to conclusions as follows:

• The findings in both autopsy report, videographs and ancillary supplied documents corroborate with the opinions as to the cause of the death as mentioned in the postmortem reports.
• The musculoskeletal findings in the second postmortem report and second postmortem report video corroborate with the radiology findings and are consistent with the opinion therein.

 

14. In view of the above, it is confirmed that there is no evidence

to attract the offence under rape and murder. Though, the learned counsel for intervenor appearing for defacto complainant leveled so many contradictions between both the Autopsy reports, it would not attract the offence of rape and murder. That apart, on perusal of the suicidal note of the deceased, it is very clear that the deceased felt difficulties in solving equations of the chemistry subjects. Therefore, it was informed by the Chemistry Teacher to the Maths Teacher about her studies, since the deceased was studying in the class of +2, it is the basis for everyone’s future. Now, it is common for all the parents to admit their wards into the Residential School, so that their wards can concentrate their studies without distractions from their family atmosphere. They also compelled their wards to score good marks in +2, so that they can get seat in the reputed professional colleges. It is seen that the parents of the deceased compelled her to continue her studies in Residential School namely, Sakthi Higher Secondary School in Kallakurichi District. It is also seen from the statements of classmates of deceased recorded under Section 161(3) of Cr.P.C., revealed that the deceased felt difficulties in solving equations in the Chemistry Subject. Infact on 12.07.2022, while the deceased was attending Chemistry Class, she was directed to write the formula of Nitric Acid in the board, in which, she was unable to write the formula and she felt very difficult to study Chemistry Subject. Therefore, the Chemistry Teacher/A2 advised the deceased to study well and she also informed the same to the Maths Teacher/A1, who is also one of the care taker of the hostel students in the said School. The deceased used to inform about her difficulties to solve the chemistry equations to her friends, since she does not like the Chemistry Subject. She also requested her parents that she will continue her studies as day scholar. The suicidal notice was written in Tamil by English words. It reads as follows:

Naa Nalladha padipen. Chemistry la neraya equation ah iruku enaku equation padikavae varala. Adhanala chemistry miss romba pressure panraga Oru naal avanga maths miss kitta naa padikavae maatrannu sollitanga. Avangalu enna pressure panranga hostle la padikama enna panra nu romba thititanga. Enaku romba kastama iruku. Naa padika maatran nu ivangu rendu per la yaro oruthanga ella staff kittayum poyi olungavae padika maatren nu solllitanga. Innaki kaalaila morning class ku vandhs staff enna padikavae maatriyamae vilayatu thanamavae irukiyamae kekuranga Maths missum chemistry missum enna romba pressure panranga. Ennala mudiyala. Maths miss enna mattum illa inga iruka ellarayumae torcher panranga. Shanthi Madam ungaluku naa oru request vakira enaku indha varushathuku katna school fees mattum enga amma kittae thirupi kuduthudunga. Book fees hostel feesum kooda kuduthudunga yenna naa irundhadhae konja naal dhan Pls mam.

SORRY AMMA SORRY APPA  SORRY SANTHOSH,

SORRY DURGA, MEGALA, NASEERA, NIVETHA, EENA, VELVIZHI, SURITHI, A.C.MAHA, etc..

Therefore, it is a clear case of suicide by her.

 

15. In so far as the mark found in the right breast of the deceased

is concerned, it would have happened due to gravel injuries sustained while she had jumped from the third floor and touching the floor. In respect of the blood stain in the inner garments is concerned, it is due to the etravasation of blood in the surrounding para vertebral muscles and therefore there was a ooze out of blood and it leads to her inner garments. Further there is no injuries found on her private parts. The red colour mark found in the third floor near the staircase is not blood stain. It is analysed by experts and reported that it is red colour paint. Therefore, the alleged occurrence had taken place on 12.07.2022 during night and on the same day, the first FIR has been registered under Section 174 of Cr.P.C. After transfer of investigation to the second respondent, the FIR has been altered into the offence under Section 305 of I.P.C and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2002 and Section 4(B)(ii) of

Tamil Nadu Prohibition of Harassment of Women Act, 2002 against five accused persons and all the accused persons were arrested on 18.07.2022 as per the suicidal note.

16. 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 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. Further, the teachers when they are directing their students to study well and directing the students to tell the derivation or equation, it is part and parcel of the teaching and it would not amount to abetment to commit suicide. Therefore, the offence under Section 305 of IPC is not at all attracted as against the petitioners. However, this Court regrets the death of student by committing suicide for facing difficulties on her studies. It should not be happened in future.

 

17. Considering the above facts and circumstances of the case and

also considering period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, each of the petitioners in Crl.O.P.Nos.20088 and 20135 of 2022 are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Villupuram and petitioner in Crl.O.P.Nos.20406 of 2022 is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned District & Sessions Judge (MahalirNeethiMandram, Villupuram) and

on further conditions that:

• the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

• considering the present circumstances prevailing over the untoward incident happened in the school, the petitioners in Crl.OP.Nos.20135 & 20406 of 2022 shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m. and

05.30 p.m. for a period of four weeks and thereafter as and when required for interrogation; the petitioners in Crl.OP.No.20088 of 2022 shall stay at Salem and report before the Inspector of Police, Sevvapet Police Station, Salem daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter as and when required for interrogation;

• the petitioners shall not abscond either during investigation or

trial.

• the petitioners shall not tamper with evidence or witness

either during investigation or trial.

• On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon’ble Supreme Court in K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
• If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

26.08.2022

Sma/lok

 

 

 

 

 

 

To 1. Chief Judicial Magistrate,    Villupuram.

2. District & Sessions Judge (MahalirNeethiMandram),

Villupuram

3. The Inspector of Police, Chinnaselam Police Station,
4. The Inspector of Police CBCID -North, Villupuram. 5. Central Prison,

6.The Public Prosecutor,

High Court of Madras

 

 

 

G.K.ILANTHIRAIYAN, J. lok

 

Crl.O.P.Nos.20088,20135 and 20406 of 2022

 

 

 

 

 

26.08.2022