Nithin Raj suicide: Kerala court denies anticipatory bail to Dr MK Ram, grants relief to co-accused Dr Sangeetha Nambiar

A trial court in Kerala's Kannur district on Saturday denied anticipatory bail to Dr M Kodanda Ram, a faculty member of the Kannur Dental College who is accused of having subjected first-year dental student Nithin Raj to caste-based harassment, leading to his death by suicide..The Court, however, granted anticipatory bail to a co-accused teacher, Dr Sangeetha Nambiar.The order was passed by the Thalassery Additional Sessions Judge-IV J Vimal..The case concerns Nithin Raj, who died on April 10, after jumping from a building near his college. The first year dental student was allegedly subjected to caste-based harassment by two of his teachers at the college, prompting him to take his own life.The police booked Dr Ram, the Head of the Dental Anatomy Department and an associate professor of the same department, Dr Nambiar in the criminal case registered over the student's death. The two faculty members have been accused of committing the offences under Section 108 (abetment of suicide) of the Bharatiya Nyaya Sanhita (BNS) and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) (penalises insult or humiliation of SC/ST member in public). Amid massive public outrage, protests and calls for action, the two teachers moved the Thalassery Sessions Court seeking anticipatory bail.Dr Ram denied any role in the student's death, contending that there was no casteist harassment or criminal intent on his part.He submitted that the student was academically weak and had been advised to improve, after which there was no further interaction with the student..However, after examining the case diary and witness statements, the sessions court found prima facie material indicating that Dr Ram had behaved in a harsh and humiliating manner towards students, including the deceased and had allegedly insulted him in the classroom.At the same time, the court clarified that there was no material to show that such insult was caste-based to attract the offence under Section 3(1)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).It also took note of the submission made by Dr Ram, which pointed at the deceased student being under pressure from operators of a loan app, for which he was called to the principal's office. During this interaction, Raj was questioned about the loan and was allegedly also informed of a possible registration of a cyber complaint against him. It was only after this interaction that the student had taken his life, the court was told."From the above prosecution records itself, it is prima facie discernible that Nithin Raj committed suicide on account of the fact that he was called into the principal’s room and interrogated by his teachers. He was in deep distress on account of the said interrogation and the fact that the cyber police were going to register a complaint against himself," the sessions court observed.The court added that custodial interrogation of Dr Ram was necessary for a proper and effective investigation into the circumstances leading to the student's death.Thus, the court refused to grant him anticipatory bail and dismissed his plea.However, it allowed the anticipatory bail plea filed by co-accused Dr Nambiar, subject to certain conditions.The session court also cautioned against media trials and emphasised that reporting must remain fair, measured and in line with the law laid down by the Full Bench of the Kerala High Court in Dejo Kappen v Deccan Herald..[Read Order]