Rangaraj v. State by Sub-Inspector of Police, Thanjavur Medical College
1997-11-25
M.KARPAGAVINAYAGAM
body1997
DigiLaw.ai
Judgment : The petitioner Rangaraj is seeking bail in the case registered against him and another for the offences under Secs.452 and 307, I.P.C. 2. The facts depict the most agonising event. The petitioner is a III year B.Sc, (Physics) student studying in Raja Sarafoji Arts College, Thanjavur. He claims himself as the General chairman duly elected by the students of the whole college for this year of the Students’ Union. As announced earlier by the Principal of the College, the examinations in the college were to commence from 20.10.1997: Meanwhile, on 17.10.1997 the petitioner as a General Chairman of the Students Union announced strike and asked the students not to attend the college from 17.10.1997 onwards. On that day, some students attended the classes. The Principal, Professors and Lecturers requested the other students to come and attend the classes. In pursuance of the request, most of the students came to the classes. As usual, the classes commenced and the Professors ware taking classes, 3. Within few minutes, one group of students Under the leadership of the petitioner, the General Chairman entered into one of the classes where the teaching was going on. Then, the petitioner began to assault one Ramalingam at about 11.00 a.m. in the presence of the Professor, who was taking chemistry class. 4. Immediately thereafter, the other students, who attended the class, gave a requisition to the Principal intimating the attack on the student Ramalingam are requesting action against the petitioner. The said Ramalingam also gave a complaint. 5. On receipt of this complaint the Principal of the College Mr.Jayaprakash suspended the petitioner from the college and sent a report to the police about the incident and requested protection for the college staff and the students. He also requested the police by sending another letter on 18.10.1997 intimating the commencement of examinations from 20.10.1997 and asking them to give protection to the students from that day onwards. 6. On 20.10.1997 at about 10.20 a.m. the Principal of the College was sitting in his seat in the Principal room and was in conversation with the Office Assistant and Librarian. Suddenly, the petitioner along with one Periyarselvam, studying I Year B.Sc. (Maths) appeared before the Principal and asked him as to how can he suspended. The other student Periyarselvam also shouted at the Principal as to why he was not permitted to write examinations. 7.
Suddenly, the petitioner along with one Periyarselvam, studying I Year B.Sc. (Maths) appeared before the Principal and asked him as to how can he suspended. The other student Periyarselvam also shouted at the Principal as to why he was not permitted to write examinations. 7. When the Principal was about to answer those questions, unexpectedly the petitioner Rangaraj instigated the other accused to stab the Principal. Periyarselvam took out a knife from his right side pant pocket and gave a forcible stab on the left side of the stomach of Principal. The Principal cried aloud with the bleeding injury on the stomach. 8. The staff who were present exclaimed and tried to catch the petitioner and another. But, they ran away and escaped from the scene. AH the other staff, teachers tried their best to catch them by chasing. But it ended in vain. The Principal was immediately taken to the General Hospital, Thanjavur and admitted. 9. The Doctor, who attended on the victim, immediately gave treatment and found a stab wound on the left hypochondrium 2.5 cm. × 1 cm., depth was not probed due to heavy bleeding. 10. On information, the police came and recorded the statement from the victim and registered a case against both the petitioner and another for the offences referred to above. Both the persons were arrested on the same day and sent for the remand. 11. The petitioner in this bail petition would submit that he was not responsible for the occurrence, that the other student Periyarselvam might have attacked the Principal, that the petitioner was not present at the time of the occurrence and that therefore, he is entitled to bail. 12. The Government Advocate would oppose the application vehemently in view of the gravity of the offence. 13. The petitioner is in jail from 20.10.1997. Though it is stated, the victim has been discharged from the Government Hospital, he is still taking treatment in the private hospital. 14. It is really quite shocking to see the source of events, whereby the petitioner, who is to be a model for the other students, resorted to the cruel attack with a knife on the Principal along with other student. 15. The examinations were to commence from 20.10.1997. Just three days prior to the date of examination, the petitioner announced strike. Despite his announcement, students attended the classes.
15. The examinations were to commence from 20.10.1997. Just three days prior to the date of examination, the petitioner announced strike. Despite his announcement, students attended the classes. Having aggrieved over the attitude of the students, who had not acceded to the command of the petitioner, he entered into the class room and attacked a student in the presence of the professor, who was taking class. 16. This incident was reported to the Principal, who, in turn, took immediate action by suspending the petitioner. He also sought protection from the police, in view of the impending examinations to be commenced from 20.10.1997. As a sequel to this incident, the main occurrence had taken place at narrated above. 17. The college chairman of the students union elected, in order to ventilate the grievance of the students community to the college authorities and get them redressed. But, here is a college chairman, instead of helping in promoting the studies and smooth functioning of the examinations, directed the students to boycott the classes. He further want to the extent of attacking the student, who attended the class along with others and who was probably one among the voters, who voted for the petitioner to elected as chairman. 18. Even then, as a Chairman, he would have controlled the situation either by convincing the other students with regard to the reasons for strike or he would have regretted for the incident in which the student was assaulted by Chairman. But, instead of that he got further provoked, when he was suspended due to he incident by the Principal. Therefore, as a Chairman he thought that the Principal, who admitted him in the college, must be down away with. Thus, how the occurrence had taken place. Fortunately, the Principal is still alone. 19. What is the reason for the unhealthy trend that is prevailing now-a-days in the student community, who is resorting to violence being unleashed against the teachers community. 20. Often we used to say: The teacher has the greatest role inmoulding the future of the country. Of all professions, his is the noblest. The most difficult and the most important; He should be an example to his pupils. 21. In the same way, the students have to cultivate gratitude, compassion and tolerance, The humility is the mark of scholarship. The students have to be grateful to the institute that is fostering them. 22.
Of all professions, his is the noblest. The most difficult and the most important; He should be an example to his pupils. 21. In the same way, the students have to cultivate gratitude, compassion and tolerance, The humility is the mark of scholarship. The students have to be grateful to the institute that is fostering them. 22. The educational institutions must endeavour produce students with integrity, character and self-confidence. Cultivation of knowledge is only secondary Awarding a university degree on a person of low character and vicious habits can be condemned as sin. 23. The students have to show their gratitude to their parents, to those who have nourished and cherished them and to their teachers, This is the primary index of humanness. Today, instead of gratitude we see violence, cruelty and rowdism. The people do not hesitate to do harm to those who have done them good. This is inhuman Instead of trying to do good even to those who have done them harm, how wicked it is to do harm to those who have lone good to them. 24. No doubt, it is true that the teachers are the moulders of the future of the country. But, they should not be blamed exclusively for the type of students we now are worried about. 25. The parents also take a vital role. They must bear the majority of the blame for ruining the character of the children by being over-indulgent and giving them too much freedom. They do not provide them examples of honesty, sense-control and discipline, The parents are also allowing the children to go astray at home through misplaced affection. 26. In olden days, the children had such great regard for the parents. Today it is the reverse. The reason is the failure of the parents to enforce discipline together with lavishing love on the children. Teachers should establish contracts with parents so that the later also practise the human values and reform their children. Probably, the back of the contacts between the parents and the teachers have resulted in the unfortunate incident narrated above. 27. It is quite unfortunate to submit on the part of the petitioner to say that he is innocent by shifting the blame on the other student, especially when he is the College Chairman.
Probably, the back of the contacts between the parents and the teachers have resulted in the unfortunate incident narrated above. 27. It is quite unfortunate to submit on the part of the petitioner to say that he is innocent by shifting the blame on the other student, especially when he is the College Chairman. If a person like the petitioner, who has given a wrong signal to the students community to unleash violence against other students, the Professors and the Principal of the College, being the best example of the wrong leadership is released on bail, especially when the investigation is pending, there will be not only hampering of the investigation but also, people in course of time, may lose faith in the judiciary, which has to help the law enforcing agency to protect the law and order. 28. Therefore, the petitioner, in my view, is not entitled to bail. Accordingly, the petition is dismissed.