ORDER

The above petition has been filed seeking direction to the respondents to conduct re-postmortem of the body of the petitioner's husband – Thiravidamani under the supervision of the first respondent to find out the cause of death.

2. The petitioner is the wife of the deceased – Thiravidamani. The case of the petitioner is that her husband aged about 40 years is engaged in agricultural work, particularly he was plucking coconuts from the coconut trees in agricultural lands and private houses, that on 26.09.2024 at about 05.30p.m., when her husband was returning to his house on his motorcycle, he was prevented and arrested by the fifth respondent police and was taken to the Jeeyapuram Police Station in an auto rickshaw, that the fifth respondent registered a false case against her husband in Cr.No. 261 of 2024 for the offences under Sections 4(1)(a) and 4(1-A) of the Tamil Nadu Prohibition Act, as if her husband was in possession of 63 bottles of liquor in the bag, that her husband was detained in the police station in the night and he was taken to the Judicial Magistrate No.III, Tiruchirappalli on 27.09.2024 afternoon and was remanded to judicial custody, that her husband was taken to Central Prison on the evening of 27.09.2024 and thereafter, he was taken to jail hospital and was referred to the Government Hospital, Tiruchirappalli, that the Doctor on examining him, informed that he died on the way to the hospital, that the fifth respondent police by falsely registering the case, had severely beaten in the police station, that the respondents did not communicate the arrest of her husband and his death, that the postmortem was done by the respondents without any intimation to the petitioner, that the respondents have done all the above only to protect the real accused and that therefore, re-postmortem has to be conducted to find out the real cause for the death of her husband.

3. The fourth respondent has filed a status report wherein it has been stated that the petitioner's husband – Thiravidamani was involved in a case in Cr.No.232/2012, on the file of the fifth respondent under Section 307 I.P.C., r/w 25(1) of Arms Act and in that case, he was recently acquitted in S.C.No.21 of 2020 on 14.08.2024 by the Chief Judicial Magistrate, Tiruchirappalli, that after the acquittal, the said Thiravidamani has not turned up to his normal life, but engaged in trafficking the illegal transportation of the liquor along with his friend Sudhakar, that the fifth respondent, on receipt of the authenticated information, arrested the said Thiravidamani at 19.30 hours on 26.09.2024, who was in illegal possession of 63 bottles along with his vehicle Bajaj bearing Registration No.TN-45-K-4956, that the said Thiravidamani was taken to remand before the Judicial Magistrate No.III, Tiruchirappalli at about 21.30 hours, but the learned Judicial Magistrate, on perusing the records, directed them to file proper FIR in terms of the amendment and that after amendment, they have taken the said accused before the Court on 27.09.2024 at about 01.45p.m., that the accused relative one Sathya, w/o Ranjith Kumar was very much available in the police station noticing everything, that after remanding him to judicial custody, the accused was taken to the Central Prison, Trichirappalli at about 21.50 hours on 27.09.2024, that the respondent police came to know that on 28.09.2024, the accused had taken morning breakfast and midday meals without any adverse remarks, that subsequently since he reported some inconvenience in his health, he was hospitalized in the Central Prison, Trichirappalli and the duty doctors recommended him to the Trichy Mahathma Memorial Government Hospital and that the accused was admitted in an unconscious state and was found to be declared as dead by the duty doctor.

4. It is the further case of the prosecution that the above matter was conveyed to the Jurisdictional Magistrate, the District Collector, the fifth respondent and the Dean of t