CHENNAI: Nearly 10 years after a 22-year-old man was tortured and murdered in custody at a police station in Chennai, the Madras High Court has ordered the CB-CID to book police personnel, including an inspector, for murder.
“The eighth respondent (CB-CID inspector) is directed to alter the offence to 302 of IPC and proceed against the accused in accordance with law,” Justice GK Ilanthiraiyan said in a recent order. Passing orders on a petition filed by the victim’s mother, Poongulali, the judge directed the CB-CID to file a final report within eight weeks from the date of receipt of the order copy, and asked the State government to pay `5 lakh interim compensation to the dependents of the deceased within four weeks. The judge ordered the State government to recover the compensation from the accused.
According to the petitioner, her son Nithya, Nithyaraj was a volunteer with Friends of Police of the Aynavaram police station. He was illegally detained by ICF police personnel, including inspector (crime) Ramalingam on January 11, 2012, and was later remanded to judicial custody on January 13. Three days later he died, particularly of head injuries, after being taken to different government hospitals in the city for treatment for severe pain.
The Puzhal police registered a case of suspicious death under section 174 of CrPC and the investigation was later transferred to CB-CID, which, after due probe, altered the sections by including 304 (ii) of IPC, among others, for culpable homicide.
Dissatisfied with the progress of the probe, the mother of the victim approached the HC with plea to order a CBI probe, booking of errant police personnel for murder, and compensation for the family.
After considering the arguments of counsels and perusal of evidences, Justice Ilanthiraiyan found the police personnel of ICF station to be entirely responsible for the injuries sustained by the deceased as he was under illegal detention from January 11 to 14, 2012.
“The deceased was tortured and subjected to third-degree treatment due to which he died,” the judge said, noting that the Supreme Court has repeatedly held that when the death takes place inside the police station, the accused personnel should be punished for offence under section 302 of the IPC.
Booked on Jan 11, 2012, dies three days later
Nithya was illegally detained by ICF police personnel, including inspector (crime) Ramalingam on January 11, 2012, and was later remanded to judicial custody on January 13. Three days later he died