1. Gouri Nekha, a X Standard student of the Trinity Lyceum School, Kollam ended her own life by leaping from the third floor of her School in a heartrending incident which took place on 20.10.2017. Though all attempts were made, her life could not be saved. Alleging that the suicide of the child was instigated by the incessant humiliation and harassment meted out on her by the petitioners herein, who are teachers of the VIII and X Standard respectively of the said School, they have been arrayed as accused and are being proceeded against for having committed offence punishable under section 305 of the IPC. It is in the above background that this petition has been filed by the teachers seeking pre-arrest bail.

2. The gist of the allegations against the petitioners as is borne out from the statement filed before this Court by the Investigating officer is as under:

(a) Deceased Gouri Nekha and her younger sister Meera Kalyan were studying in the Trinity Lyceum School, Kollam in X-A and VIII-D respectively. The 1st petitioner is the class teacher of Meera Kalyan and the 2nd petitioner is the class teacher of deceased Gouri Nekha.

(b) A few days prior to the incident, the 1st petitioner on finding that Meera Kalyan was talkative in class, asked her to sit among the boys. This was not to the liking of Meera Kalyan. She complained to her parents. On the next day itself, her parents came to the School and expressed their disapproval to the School Principal. The Principal, it seems, gave instructions to the 1st petitioner to refrain from disciplining Meera Kalyan in that manner and the dispute was solved.

(c) Gouri Nekha was very much concerned about her younger sister and she used to visit her younger sisters class room during class recesses to ensure that all is well. It appears that one of the Classmates of Meera Kalyan, a student by name Aalia Mujeeb, with whom Meera was very close earlier, bantered her for the punishment that was meted to her by her teacher. When her elder sister came visiting, Meera informed her about this incident. Gouri Nekha decided to intervene. On 20/10/2017, the date of incident, during lunch break, at about 12:50 p.m., Gouri Nekha went to the classroom of Meera Kalyan to meet her sister and she picked up a dispute with Aalia Mujeeb. This led to a quarrel between the students and later Gouri Nekha returned back to class X-A.

(d) After some time, Aalia Mujeeb along with some students of class VIII-D gathered together in front of Gouri Nekha’s classroom and there occurred a dispute between students of both the classes. This was brought to the notice of the 1st petitioner by some student and the 1st petitioner immediately rushed to class X-A. When she had reached the classroom Gouri Nekha was about to have her lunch. The 1st petitioner asked Gouri Nekha to follow her to meet the school Principal. This was done though the 1st petitioner had no charge over class X-A.

(e) While Gouri Nekha was being escorted to the office of the Principal, the CCTV recordings reveal that she was being scolded by the 1st petitioner and she appeared to be quite disturbed.

(f) On the way, Gouri Nekha managed to slip away and she went to the third floor of the primary Block building of the School and from there, she jumped down to the ground. She sustained serious injuries and was immediately taken to the Benziger Hospital, Kollam. The father of the child reached the hospital and for better medical treatment she was rushed to Anathapuri Hospital, Thiruvananthapuram, where she was admitted in the Critical Intensive Care Unit. On 23/10/2017 at 2.15 hours, Gouri Nekha succumbed to her injuries. Based on the information furnished by the father of the deceased child, the Crime was registered under Section 305 r/w section 34 of the IPC and under Section 75 of Juvenile Justice Act, 2000.

3. I have heard Sri. S.Rajeev, the learned Counsel appearing for the petitioner, Sri. Suman Chakravarthy, the learned Public Prosecutor and Sri B. Raman P