Without evidence of abetment, granting compensation would justify suicide. The police's duty to inquire was upheld, and the petitioner's claim for compensation was denied.

1. A student, namely, Jayakumar, aged 16 years (D.O.B.:23.07.1994), son of the petitioner, Tmt.Maheswari, W/o Paramasivam, had committed suicide by setting himself ablaze by pouring kerosene on him on 19.10.2010.

2. The alleged reasons behind the suicide, according to the petitioner, as narrated in the writ petition, in brief, are as follows:

i. The deceased Jayakumar was studying 12th standard in Government Kallar Higher Secondary School, Vilampatti, Dindigul District. On 13.9.2010, some computers have been found missing, which were later found in the school toilet by the petitioner’s son and another student, namely Prabakaran, whose father was working as a Warden in the said school and they informed the same to a teacher of the school. Again on 13.10.2010, the same incident of missing the computers had taken place. In this regard, on 16.10.2010 at about 9.30 a.m., one Mr.Rajendran, Head Constable and a Police constable in civil dress, attached to 6th respondent police, came to the house of the petitioner and since her son was not there, informed the petitioner to send him to 6th respondent police station for enquiry. Since her son did not return till 6.00 p.m. on 17.10.2010, the petitioner went to the police station along with her mother and elder son Dhinesh and found her son, Jayakumar in the police station, later at about 9.30 p.m., the police released her son stating that ‘no fault on the part of her son’. On enquiry, the petitioner came to know that her son and another Student Prabhakaran were enquired and after leaving Prabhakaran, the police have tortured him both mentally and physically, which created mental agony in the mind of the petitioner’s son.

ii. On the next day, i.e. 18.10.2010, the petitioner’s son went to school and returned home at 6.00 p.m. with very disturbed and sad mood and told the petitioner that it was very dishonour, disgrace and indignity to live since he happened to have visited the police station regarding a theft. Later at about 9.00 p.m., he went to his grand mother’s house for sleeping and at about 12.00 p.m., since he was in extreme mental agony because of torture given by the 6th respondent police, being in-tolerated of the same, he poured kerosene on his body and set ablaze himself. After coming to know the incident, the petitioner and others took him to the government hospital on 19.10.2010 at 2.00 a.m. where, at 6.50 a.m. he died.

3. According to the petitioner, her son committed only due to the torture done by the police officials of the 6th respondent and hence, they were the abettors who abetted her son to commit suicide. The petitioner lodged a complaint, which was registered in Crime No.193 of 2010 under Section 174 Cr.P.C. According to the petitioner, the case should be registered under Section 306 IPC, but in order to escape from the criminal liability, the respondent police registered the same under Section 174 Cr.P.C., as if it was a suspicious death. Being aggrieved, the petitioner sent a representation dated 22.10.2010 to Chair Persons, National Human Rights Commission, New Delhi and State Human Rights Commission, Chennai, the Chief Secretary to Government, Government of Tamil Nadu and the respondents 1 to 5 for taking appropriate action against the erring police officials. Since no action has been taken and having apprehended that the 6th respondent police officials would not conduct the investigation properly, finding no other alternative, the petitioner has come forward with the present writ petition, praying for the issuance of Writ of Mandamus, to direct the respondent No.2 to withdraw the case in Crime No.193 of 2010 on the file of the respondent No.6 relating to the suicide of the petitioner’s son namely, Jayakumar, aged 17 years and entrust the same to the respondent No.3 for proper investigation, consequently to direct the 3rd respondent to depute a competent police officer to investigate the case in Crime No.193 of 2010 afresh and file charge sheet before