In response to a petition challenging the Madras High Court's decision granting bail to five accused in the Kallakuruchi student suicide case, the Supreme Court issued notice on the decision in the matter dated December 14. Justices B. R. Gavai and Vikram Nath's panel requested a response to the victim's mother's petition. For the petitioner, senior Advocate Siddharth Luthra appeared with assistance from AOR Rahul Shyam Bhandari and Advocate G Priyadarshini.

The petitioner claims that the impugned judgment violates fundamental bail jurisprudential norms. The petition also stated that the High Court also "erred in giving the findings on the merits of the case which comes in the way of fair trial and dispensation of justice."

In the case, the petitioner claimed that the High Court had rendered its decision as though it had knowledge of the appellate proceedings surrounding the accused's acquittal. The petition pointed out that, "the High Court also went on to observe that the offence of 305 of IPC is not at all attracted against the respondents/accused person in para 16 of the impugned judgment clearly passing the judgment in the nature of acquittal than merely giving bail order."

According to the petition, the accused are powerful individuals who have the potential to sway the course of the investigation and endanger the petitioner's family.

The petitioner further claimed that the court had failed to take into account the criminal history of one of the accused, and that another accused—who had not submitted an application—was granted bail based only on an oral request, which was an unfair and capricious use of authority.

Thus, the petitioner requested that his request be granted and that the impugned order issued by the High Court of Madras be annulled.

The reported suicide of the Class 12 student has sparked huge protests and public outcry in Tamil Nadu.

Case : A. P. Selvi vs State Represented by Inspector of Police and Ors. 

Diary No. 28205/2022