The Calcutta High Court Thursday
granted anticipatory bail to the class teacher of a 5-year-old student with special needs, who drowned in the hydrotherapy pool of his school, in connection with a complaint of negligence by his father.
A division bench comprising Justices Jaymalya Bagchi and M Mandal observed that the act of the petitioner cannot be the sole reason for the unfortunate death of the child, and granted pre-arrest bail to Kakoli Chowdhury on a bail bond of two sureties of Rs 10,000 each.
The bench directed her to assist the investigation and appear before the court to take regular bail.
It observed that it was to be decided at an appropriate stage whether collective acts of negligence contributed to the death of the child.
The boy drowned after he fell in the hydrotherapy pool of his school after the Sports Day event on February 20.
Hydrotherapy, or water therapy, is the use of water - hot, cold, steam, or ice - to relieve discomfort and promote physical well-being.
The boy was a student of Asha School, run by the Army Wives Welfare Association (AWWA) under the aegis of the Army's Eastern Command.
The school, located inside the Command Hospital here, provides education, care and rehabilitation to differently abled children of defence personnel and civilians.
The father of the boy, a civilian, filed a complaint with the police against the school authorities alleging negligence, naming the class teacher, principal, vice-principal and staff of the institution.
Opposing the anticipatory bail prayer of Chowdhury, the public prosecutor claimed that it was a case of gross negligence on her part that caused the boy to drown since the father had handed over the child to her custody at the school on that day.
Chowdhury's lawyer Asish Bhattacharya said the class teacher conducted herself in a responsible manner.
He said Chowdhury had been called by the vice principal for some official work, following which she had handed over the child to an attendant.
The attendant had reportedly gone to the toilet when the incident occurred, it was submitted.
The lawyer of the child's father submitted that the door to the pool room was kept open by a sweeper and that it was filled with water though it was not supposed to be so.
Hearing all the parties, the bench said it completely empathised with the father, but it cannot be said that one particular person was responsible for the incident.
The Army has said that it has constituted a Fact Finding Board to look into the death of the boy.
The Board would give its recommendations about putting in place effective measures to obviate recurrence of such incidents.
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