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Madras High Court

Chithra vs The State Represented By on 15 March, 2021

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                              Crl.OP(MD).No.3931 of 2021



                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 15.03.2021

                                                          CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                Crl.OP(MD)No.3931 of 2021
                                                           and
                                                Crl.M.P.(MD)No.2186 of 2021

                      Chithra                                                      ... Petitioner

                                                               vs.
                      1.The State Represented by
                            The District Collector,
                            Tirunelveli District,
                            Tirunelveli.


                      2.The Deputy Superintendent of Police,
                            Nanguneri Camp Office,
                            Nanguneri, Tirunelveli District.


                      3.The Inspector of Police,
                            Munneer Pallam Police Station,
                            Munneerpallam, Tirunelveli.
                            Crime No.131 of 2021                               ... Respondents



                      1/4
http://www.judis.nic.in
                                                                               Crl.OP(MD).No.3931 of 2021



                      PRAYER: Criminal Original Petition filed under Section 482 of Code of
                      Criminal Procedure to direct the fourth respondent and appoint any other
                      doctor to conduct re-postmortem of the dead body of the petitioner's son,
                      namely, Tulasi Mani, aged about 30 years in connection with Crime No.
                      131 of 2021 on the file of the third respondent.


                                For Petitioner      : Mr.T.Antony Arulraj
                                For Respondents     : Mr.S.Chandrasekar
                                                      Additional Public Prosecutor

                                                      ORDER

In continuation and conjunction with the earlier orders passed by this Court on 12.03.2021, the following order is passed:

The Assistant Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District filed a detailed report contending that the investigation sofar done by the Inspector of Police, Munneerpallam Police Station is on the right track and that since one Veerasudalai @ Sudalai used to visit the house of the deceased to assist the wife of the deceased, the neighbors had conveyed certain untrue facts to the petitioner/mother, on account of which, she raised certain suspicion over the death of her son. His further contention is that the postmortem was done on the body of the deceased and there was no external injuries. The cause of death is 2/4 http://www.judis.nic.in Crl.OP(MD).No.3931 of 2021 reserved pending for chemical analysis and histopathological examination reports.

2.Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents contended that in view of the reports submitted by the Assistant Superintendent of Police, there is no necessity for conducting another postmortem on the body of the deceased. The learned counsel for the petitioner also accepted this.

3.In the facts and circumstances, the body of the deceased may be handed over to the wife of the deceased immediately and no objection was raised in this regard by the learned counsel for the petitioner.

4.With the above observation, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

15.03.2021 sji Index : Yes/No Internet: Yes Speaking/Non-Speaking order 3/4 http://www.judis.nic.in Crl.OP(MD).No.3931 of 2021 R.HEMALATHA, J.

sji Note: (i) Issue order copy on 15.03.2021.

(ii) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Camp Office, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Munneer Pallam Police Station, Munneerpallam, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.OP(MD)No.3931 of 2021

15.03.2021 4/4 http://www.judis.nic.in