HC orders suspension of sentence of 5 convicts in school fire

The Madras High Court today ordered suspension of sentence and released on bail five of the convicts in a case relating to the Kumbakonam school fire tragedy in 2004, which claimed lives of 94 children, taking into consideration their age and on the ground that they had already completed most of their five-year jail terms.
A division bench of the court's Madurai bench ordered the suspension of sentence of Santhalakshmi, Balaji, Sivaprakasam, Thandavan and Durairaj and enlarged them on bail.
The bench, comprising justices M Sathyanarayana and V M Velumani, asked them to execute surety bond before the Thanjavur judicial magistrate to his satisfaction, and sign before the judicial magistrate at Kumbakonam on every first working day every month till further orders.

The petitioners submitted that the trial court had failed to consider that there was no material evidence produced by the prosecution that the appellants had active role in the management of the school and noon meal centre.
The judgement and conviction were contrary to law, weight of evidence and probabilities of the case.
The court posted the plea of four others seeking the same relief to November 29 for further hearing.

The bench asked officials to submit the medical documents of 86-year-old Pulavar Palanisamy who sought suspension of sentence and bail on health grounds, regarding his health.
The Principal District and Sessions Court at Thanjavur had convicted 10 people and acquitted 11 others in the case.

School administrator Saraswathy died recently at the Tiruchirappalli prison where she had been lodged. Palaniswamy is the school owner.
Ninety-four children were charred to death in Sri Krishna aided primary School and Saraswathi Primary School at Kumbakonam in the fire mishap on July 16, 2004. Some children were grievously injured and others suffered minor injuries.
Police had named 21 people in a charge sheet under various IPC sections, including 304 (culpable homicide not amounting to murder) read with 120-B (conspiracy).
They had also charged them under Section 23 of the Juvenile Justice Act, 46 and 47 of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and section 320 of the Tamil Nadu District Municipalities Act.