IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA

AND

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

W.A.No.2351 of 2021

V.Kumar

.. Appellant / Petitioner

Vs.

1.The Superintendent of Police,

Central Bureau of Investigation,

EVK Sampath Salai, Sastri Bhavan,

College Road, Chennai - 600 006.

2.The Secretary to the

Government to Tamil Nadu,

Home Department, Fort St. George,

Chennai - 600 009.

3.The Director General of Police,

Mylapore, Chennai - 600 009.

4.The Commissioner of Police,

Coimbatore.

5.The Inspector of Police,

Karamadai Police Station,

Karamadai, Coimbatore.

6.The Sub Inspector of Police,

Karamadai Police Station,

Karamadai, Coimbatore.

7.The Head master,

Vidhya Vikas School,

Karamadai, Coimbatore.

.. Respondents / Respondents

Prayer : Writ Appeal filed under Clause 15 of Letters Patent

against the order dated 29.01.2021 in W.P.No.5519 of 2020.

Prayer in WP.No.5519/20219: Writ Petition filed under Article

226 of the constitution of India praying to issuance of a writ

of Mandamus, Directing the Inspector of Police, Karamadai to

withdraw from the investigating the Crime No. 354 of 2019

pending on the file of the Inspector of Police, Karamadai and

transfer the investigation to the 1st respondent and direct

him to investigate the same.

https://hcservices.ecourts.gov.in/hcservices/

For Appellants

:

Mr.C.Deivasigamani

For Respondents

:

Mr.C.Jayaprakash

Govt. Counsel for R2 to R6

J U D G E M E N T

PUSHPA SATHYANARAYANA, J.

This intra-court appeal is directed against the order of

the learned single Judge dated 29.01.2021 made in W.P.No.5519

of 2020, by which the writ court, declined the relief sought

for by the appellant/writ petitioner to direct the Inspector

of Police, Karamadai to withdraw himself from investigating

the case in Crime No.354 of 2019, pending on his file and

transfer the investigation to the Superintendent of Police,

Central Bureau of Investigation, Chennai and direct him to

investigate the same.

2. The case of the appellant herein/writ petitioner is

that, his son K.Harish, who studied 11th Standard in Vidya

Vikas School, Karamadai, Coimbatore, by staying in the hostel

run by the School, committed suicide on 19.12.2019 by hanging

himself in the fan of the hostel room and the same was

informed to the petitioner at 4.00 p.m., by one Nagarajan,

Sub-Inspector of Police, Karamadai. Suspecting the cause of

death of his son and the circumstances narrated by the Sub-

Inspector of Police and the School Authorities for the death

of his son Harish and having not satisfied with the manner in

which the investigation was conducted, the appellant has filed

the writ petition for the above relief.

3. The learned single Judge, upon hearing the arguments

of both sides, and after perusing the case diary with regard

to Crime No.354 of 2019, dismissed the writ petition on

29.01.2021. The penultimate and the concluding paragraphs of

the order are extracted hereunder for better understanding:

"11. The classmates and roommates of Harish

(deceased) Krishnan, Hari Prabu, Sabari Ganesh,

Haswath, Jittender State about the petitioner-s son

in pensive mood, depressed and always with the

thought of missing his classmate, Sasi Prbha of -Sri

Sai Bramha Maharishi Matriculation School-, Sulur,

Coimbatore. The roommates state that Harish had left

early to hostel room informing he had stomach pain.

It was Krishna, roommate, who first saw the Harish

hanging in the hostel room. The P.T Teachers

Mr.Venkatesh and Mr. Pratap brought him down,

informed the police. The students had gathered and

the other students in the school compound was in

state of shock, agitated, the situation was about

to go out of control, hence the body was removed,

taken to police station, thereafter to the

Government Hospital, Coimbatore. Inquest was

conducted,