The court has the power to award compensation for custodial death under Article 226 of the Constitution of India.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to transfer the case in Crime No.427 of 2012 dated 03.10.2012 on the file of the sixth respondent and entrust the same to the fifth respondent for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court pertaining to the custodial death of the petitioner’s brother R.Vengatesan S/o.Ramanujam (26/11) at Emaneswaram Police Station, Paramakudi Taluk, Madurai District on 03.10.2012 by the respondents Nos.8 to 15 and initiate necessary departmental action against the respondents Nos.7 to 15 within the time stipulated by this Court and consequently directing the first respondent to provide adequate compensation of Rs.50 Lakshs to the victim’s family due to custodial death made by the respondents Nos.8 to 15.)

1. This writ petition has been filed to direct the fourth respondent to transfer the case in Crime No.427 of 2012 dated 03.10.2012 on the file of the sixth respondent and entrust the same to the fifth respondent for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court pertaining to the custodial death of the petitioner’s brother R.Vengatesan S/o.Ramanujam (26/11) at Emaneswaram Police Station, Paramakudi Taluk, Madurai District on 03.10.2012 by the respondents Nos.8 to 15 and to initiate necessary departmental action against the respondents Nos.7 to 15 within the time stipulated by this Court and consequently, to direct the first respondent to provide adequate compensation of Rs.50 Lakshs to the victim’s family due to custodial death made by the respondents Nos.8 to 15.

2. According to the petitioner, he is the brother of one Vengatesan. The said Vengatesan was leading very peaceful life with his wife and new born child. Unfortunately, the said Vengatesan was implicated by the seventh respondent herein in a jewel theft case in C.C.No.116 of 2010 and the said case is pending. One of the accused namely A.Ayyappan, S/o.Anjudhasan, who is arrayed as A2 in the above said case, was known to his brother as they were living nearby in their childhood at Paramakudi for some years. Out of the friendship only, without knowing the true intention and nature of their act, his brother helped the accused persons to sell the jewel in the said case.

3. Mr.Sivakumar, Inspector of Police, Paramakudi Town, who is the seventh respondent herein, Mr.Saravanan, who was working as Sub- Inspector of Police, Paramakudi Police Station along with Mr.Enathi Muniasamy, who is ninth respondent, in order to get unlawful advantage over his brother’s plight, started demanding and obtaining huge money from them under the pretext that the seventh respondent would implicate his brother in other cases falsely, if he was not satisfied the illegal demand of the seventh, ninth and tenth respondents. On 03.10.2012, when his brother went to Paramakudi to appear before the Judicial Magistrate, Paramakudi in C.C.No.116 of 2010, the eighth to fifteenth respondents on the instructions given by the seventh respondent, took him to Emaneswaram Police Station and he was detained there. In the name of enquiry, his brother was brutally attacked and tortured by the respondents 8 to 15 and thereby, his brother sustained injuries all over his body and succumbed to death. The said incident had happened on the very same day and next day i.e. on 04.10.2012 at about 06.00 am., the dead body of his brother was taken by the police personnels, as if his brother suffered with illness while he was in custody.

4. While his brother was kept at Government Hospital, Paramakudi, he noticed several blood stains and injuries in all over his body. While facts are being so, the respondent police came up with the false case alleging that the police personnel