BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 02.08.2021 Delivered On : 23.09.2021 CORAM THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8981 of 2020 and Crl.M.P.(MD)No.4224 of 2020 Malar .. Petitioner vs.

1.The Director General of Police, D.G.P. Office, Mylapore, Dr. Radhakrishnan Salai, Chennai – 600 004.

2.The Superintendent of Police, Thanjavur, Thanjavur District.

3.The Inspector of Police, Kallaperambut Police Station, Thanjavur District.

(Crime No.300 of 2020)

4.The Joint Director, Central Bureau of Investigation (C.B.I.)

Rajaji Bhavan, Chennai – 600 090. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation to the fourth respondent office for conducting fair and impartial investigation in Crime No.300 of 2020 on the file of the third respondent.

For Petitioner : Mr.R.Karunanidhi For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R4 : Mr.S.Vijayan

ORDER

This Criminal Original Petition is filed seeking a direction to re-investigation in to the death of Mr. Ramesh on 03.10.2018 by a competent agency in special S.C No. 10 of 2019 on the file of the Special Court PC Act Cases Sivagangai.

2.The facts, in brief, are as follows:-

The petitioner is the wife of the deceased Mani. They belonged to Hindu Kuravar Community. He was doing labour work. The deceased Mani was searched by Vallam Police Station and Thanjavur Medical College Police Station and frequently visit the house and enquired about the whereabouts of the deceased. On 22.05.2020, the police attached to Thanjavur Tamil University arrested her son, viz., Ranjith and he was tortured in the police station and thereafter, he was remanded to judicial custody. On 09.06.2020, at about 7.00 pm., more than ten known and identifiable police persons came to her house and searched her husband. They want the petitioner to tell her husband to surrender in the University Police Station immediately. On 10.06.2020 also around 7.00 am., ten police persons came from the Tamil University Police Station and enquired. She informed them that he went to his relative's home, called Paramasivam. The team went to Paramasivam house and the petitioner has also followed them. They found the deceased Mani was talking with one Selvam and Sathish. The police team started beating with lathi. At that time, one Chandrasekaran, Sub Inspector of Police, took a bill hook and assaulted her husband. So, the deceased ran away from the spot and the police persons chased him. They also arrested Selvam and Sathish. At about 9.00 am., on the same day, around eighty (80) police persons came to the locality and searched her husband. So, the petitioner also made a search and she was informed by her relative, namely, Vengatesan that the deceased came few hours ago and also informed about the physical torture made by the police and he was also informed that Mani left from his house. So, along with above said Vengatesan, she also starting searching him. Around 1.40 pm., she found that the deceased died by hanging with his lungi in Peivari River Bed and his foot was found rested on the ground. The information was given to others and the officials also came to the spot. During the Revenue Divisional Officer enquiry also, she gave a statement that the police officers tortured. The information furnished was also properly registered, the case was registered under Section 174 Cr.P.C. as a suspicious death, in Crime No.300 of 2020, on 10.06.2021. A detailed representation was sent on 16.06.2020, to the respondents and Higher Officials, seeking investigation by CBI Wing. Proper procedures was not followed by the police in the process of investigation, the body was not handed over to the post mortem with a view to hide the evidence, during post mortem, antemortem injuries were found on the body of the deceased, it was not properly enquired. In spite of repeated complaints, no proper action has been taken. So, this pe