[Kallakuruchi student death] Teachers cannot be booked for advising students to study well: Madras High Court grants bail to five accused

The Madras High Court recently observed that a teacher cannot be booked for abetment of suicide of students merely because they had asked the concerned student to study well [Kiruthika Jayaraj v State]..A bench presided over by Justice GK Ilanthiraiyan said that teachers directing students to study well, was part and parcel of teaching and would not amount to abetment to commit suicide."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," the single-judge stated.The Court, therefore, granted bail to five officials, including two teachers and the principal of a residential school in Tamil Nadu’s Kallakuruchi district, who were arrested in July this year in connection with the death of a Class 12 girl studentThe Court observed that there was no evidence to show that the girl had been tortured or raped as alleged by her parents, and prima facie, the girl's death seemed to be a clear case of suicide."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.....Therefore, the offence under Section 305 of IPC is not at all attracted as against the petitioners," the Court said..The single-judge went on to say that it was "unfortunate" that teachers could be booked by the police for merely asking a 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", the order said..In the order, the court went through the two post-mortem reports submitted by the local police, and the contents of the suicide note allegedly left behind by the deceased girl..The death of the 17-year-old student on July 13 this year had led to much violence, including stone-pelting and arson at and around the school building.Her parents had registered a complaint with the police alleging foul play and claiming that their daughter had likely been raped before her death.Following the complaint, five persons, including two teachers, the school principal, the school management correspondent and the school secretary were arrested by the police.They subsequently approached the High Court for bail..The petitioners argued that they had no role in the girl's suicide. They also denied allegations of torture and rape.Their bail pleas were opposed by the State public prosecutor, who argued that the charge of abetment was a grave one and bail must not be granted to the petitioners..The High Court however, found that there was no evidence to show that the petitioners instigated the deceased to commit suicide soon before her death."Even as per the suicide note the accused teachers had merely asked her (deceased girl) to study well. It is confirmed that there is no evidence to attract the offence under rape and murder," Justice Ilanthiraiyan said..Before parting with the order, the court expressed its regret at the death of student by suicide for facing difficulties in her studies. "It should not happen in future," the judge said..The petitioner was represented by Senior Advocate S Prabakaran and Advocate S Thanka Sivan. State Public Prosecutor Hassan Mohammed Jinnah and Additional Public Prosecutor A Damodaran represented the respondent. Advocate Sankarasubbu represented the intervenor..[Read Order]