JAYALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners, who have been arrayed as A-1 to A-4, were arrested on 2.2.2011 for the offence punishable under Section 306 I.P.C. in Cr. No. 265 of 2011 on the file of the respondent police have come forward with this petition, seeking for the relief of bail.

(2.) Mr. K.S. Dinakaran, learned senior counsel appearing for the petitioners submitted that the 1st petitioner is the Professor and Head of the Department of BCS in Dr. M.G.R. Janaki College of Arts and Science, Adyar, Chennai and petitioners 2 to 4 are the lecturers working in the same department in the said college. It is submitted that the case of he prosecution is to the effect that a complaint was preferred by a classmate of the victim in this case on 29.1.2011, alleging that a cash of Rs. 3,000/- was missing from her hand bag. It is further alleged that in view of the said complaint, the petitioners said to have searched by stripping the clothes of the victim in this case namely Divya, studying in 3rd year BCS course in the said college and as a result, she has committed suicide on 1.2.2011 at 7.45 p.m. by hanging herself at her residence. It is submitted that the further allegation is to the effect that a suicidal note was also left by the victim stating that the teachers enquired all the students for the theft of cash amount in the classroom of the victim.

(3.) The learned senior counsel for the petitioners submitted that the allegations contained in the complaint do not even constitute the ingredients to attract the offence under Section 306 I.P.C. It is contended that there is absolutely no material available on record to the effect that the petitioners instigated or intentionally aided the victim to commit suicide. The learned senior counsel for the petitioners further contended that the alleged suicidal note said to have been written in a notebook of the victim does not disclose the names of the petitioners and the said suicidal note is also very vague and bald. It is pointed out by the learned senior counsel for the petitioners that in the suicidal note it is merely stated that the victim was enquired along with other students and the allegations of stripping is not at all mentioned in the alleged suicidal note. It is contended that not only the victim alone was searched, but the other classmates of the victim were also searched even as per the admitted case of the prosecution.