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Tamil Nadu

Kumbakonam custodial death: Book murder case on three cops, says Madras High Court

The judge directed the Thanjavur superintendent of police to conduct a detailed inquiry against the police officials responsible for the investigation.

Express News Service

MADURAI:   The Madurai Bench of the Madras High Court recently ordered a murder case to be registered against an assistant jailer, grade-I warden and grade-II constable of Kumbakonam Sub Jail for the alleged custodial death of an inmate in June 2019.

“Though there were specific allegations and evidences on record to alter the offence from 304(2) (culpable homicide not amounting to murder) IPC into Section 302 (murder) of IPC, the Kumbakonam East police failed to do so, in an attempt to save the three accused,” Justice GK Ilanthiraiyan said.

The judge directed the Thanjavur superintendent of police to conduct a detailed inquiry against the police officials responsible for the investigation. He also directed the DIG of Prisons, Tiruchy, to initiate disciplinary action against the three jail officials accused in the case, based on a report submitted by Judicial Magistrate III of Thanjavur in August 2019 and the G.O. issued by the government the subsequent month, both of which recommended action against the erring officials.

No action despite GO: Judge

The judge passed the order on a joint petition filed by the three accused officials seeking anticipatory bail apprehending arrest in the case. The deceased inmate, Saravanan, had been arrested for offences under Sections 294(b) (obscene acts and songs), 427 (mischief causing damage to the amount of fifty rupees) and 506(ii) (punishment for criminal intimidation) of IPC. He was a drug addict and an epilepsy patient, the prosecution said. On June 7, 2019, Saravanan reportedly suffered a seizure and was admitted to Thanjavur Medical College Hospital where he later died. During autopsy, several injuries were found on his body and a complaint was lodged by Saravanan’s family members.

Following this, a detailed inquiry was conducted by the judicial magistrate who later filed a report revealing that the deceased had sustained multiple injuries that could not have occurred due to a seizure. He further recommended action in the matter. Based on his report, the government also passed a G.O. to pay Rs 5 lakh compensation to Saravanan’s family and directed departmental and criminal action against the erring officials. But despite the magistrate’s report as well as the G.O., no action was taken against them till now, Justice Ilanthiraiyan said.

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