The court emphasized the responsibility of the police to ensure the safety of individuals in their custody and the entitlement of dependents to compensation in cases of custodial death.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent-State of Tamil Nadu to register a case under Section 302 of IPC against the respondent No.6 and all other police personnel responsible for the death of the petitioner's son Nithya @ Nithyaraj and to hand over the investigation of the case in Cr.No.2 of 2017 on the file of the respondent No.8 to the Central Bureau of Investigation and further directing the respondent – State to award appropriate compensation to the petitioner for the death of her son.)

1. The Writ Petition has been filed to direct the respondent- State of Tamil Nadu to register a case under Section 302 of IPC against the respondent No.6 and all other police personnel responsible for the death of the petitioner's son Nithya @ Nithyaraj and to hand over the investigation of the case in Cr.No.2 of 2017 on the file of the respondent No.8, to the Central Bureau of Investigation and further directing the respondent – State to award appropriate compensation to the petitioner for the death of her son.

2. The learned counsel appearing for the petitioner submitted that the son of the petitioner was a member of 'Friends of Police' attached to K2, Ayanavaram Police Station, Chennai. While being so, on 11.01.2012 the police personnel of K7 ICF Police Station had taken the petitioner's son (herein after called as “the deceased”) to the police station. Next day i.e., on 12.01.2012, when the petitioner went to the police station and enquired about him but she was not allowed to see her son. The deceased was kept under police custody from 11.01.2012 to 14.01.2012 and he was produced before the learned Magistrate on 14.01.2012, in pursuant to the FIR registered in Crime No.24 of 2012 for the offences under Sections 420 & 395 of IPC.

2.1. When the deceased was produced before the learned Magistrate, the petitioner and her relatives had seen him and he was sustained injuries all over his body. He was also threatened by the sixth respondent herein that not to disclose anybody about the torture given by the police personnel in the police station. Unfortunately, the learned Magistrate also without even verifying the injuries sustained by the deceased, ordered to remand him. The memo of arrest shows that the deceased was arrested on 13.01.2012 and he was produced for remand on 14.01.2012. Accordingly, he was remanded by the learned Magistrate till 28.01.2012.

2.2. In fact, immediately the deceased informed that he suffered pain and therefore he was taken to jail hospital and thereafter he was referred to the Government Royapettah Hospital. He was not given proper treatment and again he was sent to prison hospital. Due to bad condition of the deceased, again he was taken to the Government Royapettah Hospital, Chennai on 16.01.2012. Unfortunately, he died on the way to hospital on 16.01.2012 itself. On the death of the deceased, FIR has been registered in Crime No.112 of 2012 under Section 176 of Cr.P.C., on the file of the Inspector of Police, M3 Puzhal Police Station.

2.3. Thereafter, the learned V Metropolitan Magistrate, Chennai, conducted inquest on the dead body and found that the deceased died in suspicious manner. Therefore, the Government of Tamil Nadu passed an order transferring the investigation from the file of the Inspector of Police, M3 Puzhal Police Station to the eighth respondent herein. Thereafter, the eighth respondent registered a case in Crime No.2 of 2017 under Section 176 of Cr.P.C. Further the eighth respondent also kept the FIR without investigating the same.

2.4. Therefore, the petitioner who is being the mother of the deceased has filed this Writ Petition for direction directing the State of Tamil Nadu to award interim compensation and also sought for alteration of offence into Section 302 of IPC by transferring the investigation to Central Bureau of Investigation. He further submitted that both custodial torture and cus