IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and Crl.M.P.Nos.14368 & 14370 of 2023

1. V.N.Latha W/o. Samuvel, No. 2/252-a, Patchapalayam, Annur Panchayat, S.S.Kulam, Coimbatore.

Petitioner(s)

Vs

1. State Rep.By The Assistant Commissioner Of Police, Kuniamuthur Police Station, Coimbatore City. Crime No. 114 Of 2021.

2.Sangeetha D/o. Rangaswamy, No. 92, Madhurai Veeran Kovil Street, Bk Puthur, Kuniyamuthur, Coimbatore.

Respondent(s)

PRAYER To call for the records and quash the proceedings pending as against the petitioner in Spl.SC.No. 22 of 2021 pending on the file of the Principal District and Sessions Judge, Coimbatore.

For Petitioner(s): M/s. K.Balasubramaniam For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.Side) for R1 No appearance for R2

ORDER

This petition has been filed to quash the proceedings pending against the petitioner in Spl.S.C.No.22 of 2021 pending on the file of the Principal District and Sessions Court, Coimbatore.

2.The case of the prosecution is that on a complaint lodged by the 2^nd respondent, the 1^st respondent registered an FIR in Crime No.114 of 2021, for the offences punishable under Sections 306 of IPC, alleging that the deceased was working in Seethalakshmi Government Maternity Hospital, Coimbatore, as a Conservancy Worker. While so, on 03.02.2021, the deceased was said to have informed to the 2^nd respondent herein that few days back, he had seen A1 and A2 in an inappropriate manner. Fearing that the deceased would inform to others, A1 and A2 along with A3, with malafide intention, lodged a complaint as against the deceased before the Hospital Authorities. Therefore, the Hospital Authorities directed the deceased not to come to work and directed him to work on 82^nd Ward in the same Hospital. Further, he was also called for an enquiry. Therefore, he committed suicide by consuming rat poison. At the time of his death, he also recorded a video and circulated to various persons alleging that the accused are responsible for his suicide. After completion of investigation, the 1^st respondent filed a final report and the same has been taken cognisance by the Trial Court.

3.Learned counsel for the petitioner submitted that there are totally three accused, in which the petitioner is arrayed as A3. L.W.10, who is the Medical Officer stated that while the nurses were changing their dress, the deceased had taken a video. It was seen by the nurses and a complaint was lodged before L.W.11. Therefore, L.W.11 called the deceased for enquiry. However, the deceased did not appear for enquiry and therefore, the complaint was forwarded to the Commissioner, Coimbatore Corporation for appropriate action. Therefore, no one has spoken about the petitioner’s role to attract the offences under Section 306 of IPC. He further submits that the version of the 2^nd respondent is completely different. She stated that the deceased had told her that he had seen A1 and A2 being in a compromised position in hospital premises.

4.Therefore, A1 and A2 feared that the deceased would inform the incident to others and lodged a police complaint with the help of A3 for the above stated allegations. Therefore, on the complaint, L.W.11 called the deceased for an enquiry. However, L.W.10 and L.W.11 completely stated a different story. Even assuming that the deceased had seen A1 and A2, while they were in compromised position, the petitioner has nothing to do with the occurrence. The alleged occurrence took place on 12.01.2021. But, he committed suicide on 03.02.2021. Therefore, there is absolutely no question of abetment on the part of the petitioner to commit suicide by the deceased.

5.Per contra, the learned Government Advocate appearing for the 1^st respondent submitted that there are totally three accused, in which the petitioner is arrayed as third accused. The dying version of the deceased was also recorded and in fact, before committing suicide, he had recorded a video-graph, wher