The Supreme Court in the case A. P. Selvi vs State Represented by Inspector of Police and Ors has observed and issued a notice on a plea challenging the order of the Madras High Court which granted bail to 5 accused persons in the suicide case of Kallakuruchi student.
The bench comprising of Justice B. R. Gavai and Justice Vikram Nath observed and has sought response on the petition filed by the mother of the victim.
However, it has been contended by the petitioner in the plea that the impugned judgment is against the basic principles of bail jurisprudence. The petitioner also stated that the High Court “erred in giving of the findings on the merits of the case which comes in the way of fair trial and dispensation of justice.”
It is stated by the petitioner in the plea that the High Court had passed the judgment in the manner as if it was seized of the appellate proceedings which is pertaining to the acquittal of the accused. Further, the petition pointed out that, the High Court also went on observing that the offence of 305 of Indian Penal Code, 1860 is not at all attracted against the respondents or accused person in Paragraph 16 of the impugned judgment which clearly passed the judgment in the nature of acquittal than merely giving a bail order.
In the plea the petitioner submitted that the accused are influential people and can affect the investigation and cam also pose a threat to the family of the petitioner.
Further, the petitioner contended that one of the accused has criminal antecedent which the court has not considered and an application filed by another accused, wherein bail was granted on an oral prayer which is being made and is unjust and arbitrary exercise of power.
Therefore, the petitioner prayed to allow his petition and to set aside the impugned order passed by the High Court of Madras.
In the present case, the alleged suicide of the Class 12th student had led to a public outcry and widespread protest in Tamil Nadu.
The counsel appearing for the petitioner are Senior Advocate Siddharth Luthra assisted by AOR Rahul Shyam Bhandari and Advocate G Priyadarshini.
