Madras High Court
Gopi vs State Rep. By on 28 May, 2020
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.7670 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2020
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.7670 of 2020
1.Gopi
2.Vasanth … Petitioners
Vs.
State Rep. by
Inspector of Police,
Erumapatti P.S,
Namakkal District.
(Cr.No.44 of 2020) ... Respondent
Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to
enlarge the petitioners on bail in Crime No.44 of 2020, pending on the
file of the respondent police.
For Petitioners : Mr.C.S.Saravanan
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor
*****
ORDER
The petitioners, who were arrested and remanded to judicial custody on 09.03.2020 for the offence punishable under Section 147, 148, 341, 302 and 201 of IPC in Crime No.44 of 2020 on the file of the respondent police, seek bail.
http://www.judis.nic.in 1/16 Crl.O.P.No.7670 of 2020
2.The case of the prosecution is that on 01.03.2020 at about 7.00 a.m, there was quarrel between the deceased Senthilraj and his brother Saravanan/A1 in relation to partition of their family property at Gezhakombai. In continuation of quarrel, at about 8.00 a.m., four persons hired by Saravanan/A1 attacked the deceased Senthilraj on his head and face with stones and caused injuries. Thereafter, the said Saravanan/A1 and his wife Ramya/A2 took Senthilraj to Maruthi Medical Centre. Since the Doctor was not available there, they took him to Bharathi Medical Centre at Namakkal. Later he died on 03.03.2020. The body was kept for last rites. At that time frost and blood was ozing out from the mouth and nose. The said Saravanan/A1 and his wife/A2 were giving contradictory reasons. Doubts arouse on the death of the Senthilraj. Hence, the complaint.
3.The learned counsel appearing for the petitioners submitted that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. The allegation against 1st petitioner is that he acted as driver and drove the vehicle of Saravanan/A1 before and after the incident and the allegation http://www.judis.nic.in 2/16 Crl.O.P.No.7670 of 2020 against 2nd petitioner is that he is the friend of 1st petitioner and he used stone and attacked the deceased Senthilraj on his head. He further submitted that there are totally 9 accused in this case and these petitioners were added as accused subsequently without any material. The petitioners are in judicial custody from 09.03.2020. Co-accused were granted bail by this Court. Hence, the petitioners sought for grant of bail.
4.The learned Additional Public Prosecutor submitted that the 1st accused is the brother of the deceased and they were having dispute over their common property. Due to that dispute, the 1st accused with the assistance of hirelinks, assaulted the deceased with stones and they themselves admitted the deceased in the hospital. In the hospital, they administered poison to the deceased, through saline bottle, when he was under treatment in the private hospital and committed murder of his brother. The petitioners are part of the conspiracy to do away the said Senthilraj. The petitioners filed bail petition before the Principal Session Judge, Namakkal and the same was dismissed. He further submitted that on 14.05.2020, this Court has granted interim bail to the co-accused with several conditions. However, he vehemently opposed for the grant of bail http://www.judis.nic.in 3/16 Crl.O.P.No.7670 of 2020 to the petitioners.
5.It is submitted that the investigation is still pending. It is seen from the Case Diary that the prosecution has seized the blood stained articles used in administering poison, vehicles used for the commission of offence, mobile phones used for communication and medical report of the deceased. Since, the offence is serious in nature, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
6.This Court finding no proper reason in the manner in which the death of the deceased occured, called for the Case Diary in Crime No.44 of 2020 by order dated 22.05.2020 and perused the same. From the Case Diary, it is seen that so far nine persons are arrayed as accused. The 1st accused Saravanan is the brother of the deceased Senthilraj, the 2nd accused Ramya is the wife of the 1st accused, the 3rd accused Saravana Moorthy was having Valarmathi, the wife of the deceased as concubine, the 4th accused is the friend of A3, a political party Town Secretary, the 5th accused is the Youth Wing Leader of the political party, the 6th accused is the friend and partner of 5th accused and 7th, 8th and 9th http://www.judis.nic.in 4/16 Crl.O.P.No.7670 of 2020 accused are friends and hirelinks of the other accused. All of them conspired together, attacked the deceased Senthilraj on 01.03.2020, later administered poison and finally on 03.03.2020, the deceased died.
7.The deceased Senthilraj and his brother Saravanan/A1 had property dispute. A1 and his wife Ramya/A2 sustained loss in their business and they were in need of money. Their proposal to sell the family property to meet out their loss in business was not accepted by the deceased Senthilraj. In the meanwhile, they saw Valarmathy, the estranged wife of the deceased Senthilraj with Saravana Moorthy/A3, who was also not happy with the deceased Senthilraj. Hence they joined together took the help of Eswaran/A4, who engaged A5 to A9, surveileince was kept on the deceased. On 01.03.2020 as per their plan A5 acted as Driver to A1 and A2 went to the farm of the deceased Senthilraj. In guise of sorting out the property issues, picked up conversation which developed into quarrel, took the deceased Senthilraj to an isolated place. A6 to A9 were waiting. They pounced on the deceased Senthilraj and attacked him with stones. A1 and A2 caught hold of the deceased and not allowed him to escape. One Durairaj employed in farm and his wife Chellammal and one Mani saw the http://www.judis.nic.in 5/16 Crl.O.P.No.7670 of 2020 occurrence, rescued the deceased Senthilraj. On seeing them the assailants escaped in their bike. A1 and A2 took the deceased Senthilraj to Hospital for treatment and got admitted in Bharathi Hospital, Namakkal and C.T Scan was taken. Thereafter, the deceased Senthilraj was treated as inpatient till 02.03.2020. A1 informed Dr.Senthilvel that his brother sustained injury during fight with the neighbour of the farm over dispute of sharing water and requested not to inform police and that on consultation with his advocate the same can be informed to police.
8.In the Hospital the deceased Senthilraj was admitted in Room No.213, painkiller and Antibiotic medicines were given. The medicines were given through I.V Drip. A1 and A2 locked the room from inside, which was noticed by Duty Nurse Jothi. Inside the room, through the I.V Drip, poisonous substance “Aluminium Phosphate Quick Force Fumigant Tablet” was administered without the knowledge of Hospital authorities. A1 and A2 attempted to flee from the Hospital with the deceased Senthilraj which was noticed by the Head Nurse through CCTV, brought them to reception and informed the Doctor. After Dr.Senthilvel's arrival, the patient was discharged against the medical advice and allowed to go by noon on 02.03.2020.
http://www.judis.nic.in 6/16 Crl.O.P.No.7670 of 2020
9.The deceased Senthilraj was taken to parents home of A2 on 02.03.2020. Later at about 07.30 p.m, the deceased Senthilraj developed breathlessness. A1 and A2 took Senthilraj in the car to Coimbatore for treatment. On the way the deceased Senthilraj died, at about 01.30 a.m., on 03.03.2020. The body of the deceased Senthilraj was brought to his house. He was laid there and the relatives were informed. A1 and A2 could not give proper reason and suspicion arouse on the death of Senthilraj. Thereafter they fled. One Duraisamy who is the farm employee of the deceased Senthilraj gave complaint to the respondent that they have suspicion on the death of his employer Senthilraj. The respondent registered a case in Crime No.44 of 2020, visited scene of occurrence, conducted inquest, sent the body for postmortem to Government Hospital, Namakkal on 03.03.2020. The defacto complainant, inquest witness and others were examined and Mahazars prepared. On 04.03.2020 at about 07.00 a.m., in presence of VAO Indira and Annalakshmi Village Assistant, A1 and A2 were arrested, who gave confession. Pursuant to the confession of A1, Maruthi Ertiga Car TN 88 B 8299, scan report of the deceased, mobile phone and from the boot of the car, wet, blood stained towel, blood stained lungi, blood stained http://www.judis.nic.in 7/16 Crl.O.P.No.7670 of 2020 pillow and blood stained dhothi were seized. From the confession of A2, plastic bottle containing 100 ml of Eurolife Sodium Chloride Injection with black colour residues, Glucose Drip set with black colour stains, Dispovan 12 mm Sringe with black colour stain, Sringe Needle, Livepet Plastic container, Aluminum Phosphate Quick Force Fumigant Tablets, one pair of surgical glouse and knife of 16 meters length were recovered and seized. A1 and A2 in their confession also revealed about the involvement and participation of other accused. The wife of defacto complainant Manimegalai, eye witness was examined and one Valarmathy, estranged wife of deceased and also one Elango were examined.
10.On 06.03.2020, Dr.Senthilvel, Bharathi Hospital and Dr.E.Ravi, Consultant Radiologist of Namakkal Scans & Diagnostics, Dhanalakshmi and Valli Duty Nurses of Bharathi Hospital were examined. From the statement of Nurses, it is seen that on 01.03.2020, the deceased Senthilraj was brought to Bharathi Hospital by A1 and A2 and got admitted, medicines were given by them through I.V Drip by locking the Room No.213 and they were alone with the deceased. Thereafter, without the knowledge and permission of the hospital http://www.judis.nic.in 8/16 Crl.O.P.No.7670 of 2020 authorities, A1 and A2 attempted to take the deceased from the Hospital. The happenings in the hospital are clearly recorded in CCTV Camera. Dr.Senthilvel recorded in the Accident Register that the deceased Senthilraj brough by A1 has given false information about the occurrence. On 08.03.2020, A5 and A6 were arrested and based on their confessions, articles were recovered and seized and A4 was also arrested. On 09.03.2020, Section Alteration Report was filed including Section 120-B IPC. On 12.03.2020, A7 and A8 were arrested and on 01.05.2020, A9 was arrested and A3 was arrested on 19.05.2020. Dr.Raghukumaran, Civil Assistant Surgeon, Government District Head Quarters Hospital, Namakkal conducted postmortem on 04.03.2020 and recorded external injuries found on the body of the deceased and on internal examination and dessection of lungs found froathy secretions dark coloured seen on both lungs and 200 ml of blood seen in peritoreum spinal cord. Apart from other observations made in the postmorterm report, he had also preserved (i)stomach and intestine (ii)c/s liver (iii)Kidney (iv)Intestine
(v)blood sample (vi)preservative and forwarded the viscera for forensic test and the final opinion has been withheld, awaiting viscera report. http://www.judis.nic.in 9/16 Crl.O.P.No.7670 of 2020
11.As stated earlier, the manner in which the death has occurred cast some doubt. From the 161(3) Cr.P.C statement of Dr.Senthilvel, it is seen as follows:-
“v';fs; kUj;Jtkid tshfj;jpy;
ghJfhg;g[ff
; hf M';fh';nf CCTV nfkuhf;fs;
bghUj;Jg;gl;L fz;fhzpf;fg;gLfpwJ/
ghJfhtyh;fSk; gzp mkh;j;jg;gl;Ls;sdh;/ vd;dplk;
rpfpr;ir vLj;J te;j bre;jpy;uh$; 02/03/2020k; njjp ,ut[ ,we;Jtpl;ljhft[k; mJ bjhlh;ghf bfhiy tHf;F vUkg;gl;o fhty; epiyaj;jpy; bjhlug;gl;L ,Ug;gjhft[k;. vd;dplk; ey;ypghisak; fhty;
Ma;thsh; Mfpa jh';fs; tprhuiz bra;a
te;jnghJ bjhptpj;jhP f
; s;/ ehd; vd;
kUj;Jtkidapy; bre;jpy;uh$%f;F tH';fpa rpfpr;if Fwpj;j midj;J Mtz';fisa[k; j';fSf;F tH';fpndd;/ ,t;tHf;fpy; uk;ahtplk; ,Ue;J ifgw;wpa jla';fis vd;dplk; fhl;odPhf ; s;/ mitfs; ehd; ghh;it bra;njd;/ mitfspy;
cs;g[wj;jpy; fUj;j epwj;jpy; Vnjh xU kUe;J
goe;J ,Ue;jJ/ mitfspy; ,Ue;J bfl;l beo
tPrpaJ/ ,J kUj;Jtkidapy; bfhLf;fgl;l
kUj;Jt fpl; fpilahJ. KUj;Jtkidapy;
bghUj;jg;gLk; fpl;fs; brtpypah;fs; K:ykhf
mfw;wg;gLk;/ kUj;Jtkidapy; ,Ue;j fhyj;jpy;
bre;jpy;uh$; kw;Wk; mtuJ mz;zd; FLk;gj;jpdh;
kpf beUf;fkhf ,Ug;gJ nghy; ,Ue;jjhy;
v';fSf;F mth;fs; kPJ ve;j tifapYk; re;njfk;
vHtpy;iy/ brhj;Jf;fhf bre;jpy;uhi$ bfhiy http://www.judis.nic.in 10/16 Crl.O.P.No.7670 of 2020 bra;a Kot[ bra;jth;fs; vjw;fhf ghJfhg;g[
epiwe;j vdJ kUj;Jtkidia njh;t[ bra;jhh;fs;
vd vdf;F ,d;dKk; g[hpatpy;iy/ uk;ah mtuJ
njhspy; xU bghpa ifg;igia ,wf;fp
itf;fhknyna mof;fo Rw;wp te;jjhf
brhd;dhh;fs;/ mth;fs; bfhiy bra;a[k;
nehf;fj;jpy; kUj;Jtkidf;F njitahd
bghUl;fis kiwj;J bfhz;L te;J ,Uf;fyhk;/
kUj;Jtkidapy; fz;fhzpg;g[ CCTV itj;Js;sjhy;.
bghJthf kUj;Jtkidf;F tUgth;fis eh';fs;
nrhjid ,LtJ ,y;iy/ Aluminium Phosphate
Quick Force Fumigant Tablet khj;jpiu cl;bfhz;lhy;
mJ fiua Jt';fpaJk; tpc& tha[ cUthFk;/
mjdhy; mJ xUtiu caphpHf;f bra;a[k;
jd;ika[ilaJ/ ,t;tHf;fpy; vjphpfs; me;j
khj;jpiuia jz;zPhpy; fiuf;Fk; nghJk; mJ I.V fpl; ghl;oypy; ,Uf;Fk;nghJ tpc& jd;ik bfhz;l tha[ nky; nehf;fp brd;WtpLk;/ tpc& tha[ rpud;R tHpahf clypy; bry;yhJ/ mjd; fiury; Crpapd;
Jthuj;ij milj;JtpLk; ,Ue;Jk; Jfy;fs;
neuoahf uj;jj;jpy; brYj;jg;gl;lhy;. uj;j FHhapy;
milg;ig Vw;gLj;jp K:r;Rtpl rpukk; Vw;gLj;j
tha;g;g[ ,Uf;fpwJ/ cly; cWg;g[fspy; ,e;j
fiurypd; Jfy;fs; j';fp ,Uf;f tha;g;g[ cz;L/
,d;W ,r;rkak; bjhlh;ghf ey;ypghisak; fhty;
Ma;thsh; Mfpa jh';fs; vd;id tprhuiz bra;J
vdJ thf;F K:yj;ij gjpt[ bra;jPhf
; s;/ gof;f
nfl;nld; ehd; brhd;dgo cs;sJ/”
http://www.judis.nic.in
11/16
Crl.O.P.No.7670 of 2020
12.From 161(3) Cr.P.C statement of Valli, Duty Nurse, it is seen as follows:-
“bre;jpy;uh$;fF ; nghl;Ltpl;l ohpg; kUe;J Koa[k; epiypay; ,Ug;gjhf brhd;dhh;fs;/ ehd;
ngha; ohpg;ig Mg; bra;Jtpl;L I.V fpl;il
mfw;wptpl;nld;/”
13.From the confession of A2 and from recovery, it is seen that the accused had injected poisonous substance in drip bottle to the body of the deceased. The entire drip and I.V kit was removed and alternative kit with the accused was replaced. From the statement of Valli, Duty Nurse, it is seen after the completion of drip she had taken back I.V Set.
From the statement of Dr.Senthilvel, it is seen the I.V kit which was recovered does not belong to his hospital. Further, from the confession of the accused, it is seen that poisonous substances was injected on the deceased in the hospital. Added to it, the categorical statement of Dr.Senthilvel is that Aluminium Phosphate Quick Force Fumigant Tablet is soluable in water. The poisonous gas moves upward, hence it cannot pass through tube and needle. Further minute particles will block syringe needle. Only direct injection of the poisonous substance would block the blood vessels leading to breadthlessness and some residues would be http://www.judis.nic.in 12/16 Crl.O.P.No.7670 of 2020 found in the body. This can be done only by a person who is trained in medical profession. Intravein injection cannot be done by everyone. No investigation in this regard as well from where A2 got the medical kit used in commission of offence has been done. There are loose ends which have to be explored and evidence to be collected.
14.Thus there is contradictory version in the manner the poisonous substance was administered. The investigating agency for the reason best known had not conducted any fair investigation in this regard. Further, the arrest of all the accused seems to be during road check which is of concern. This is a case of direct and circumstancial evidence. In a case of circumstancial evidence, the duty of the prosecution is to collect evidence to connect each link so that it shall withstand the double test as per requirment of law. The investigating agency shows some lackness in the investigation. There are several loose ends which ultimately ensure to the benefit of accused. The seizure of CCTV footage and mobile call details are connected each of the accused. No worthwhile investigation has been done while perusing the case diary. The reference made are only illustrative. http://www.judis.nic.in 13/16 Crl.O.P.No.7670 of 2020
15.In view of pending investigation, this Court refrains from further dwelling into other aspects of the investigation. It would be gain said to remain the co-accused are granted interim bail.
16.This is a case of well planned, orchestrated and execution of cold blooded murder, a heinous crime, which needs expertise, proper and thorough investigation. From the Case Diary, it is found lacking. The investigation sofar done does not inspire confidence in the mind of the Court. This Court finds that the investigation has not been done properly as discussed above. The case has been investigated in irresponsible manner by the respondent. This Court following the principles laid down in the Judgments of this Court (i)2014 SCC Online Mad 2457 in the case of Dalichand Vs State of Tamil Nadu (ii)2007 (1) CTC 273 in the case of S.Radha Mony Vs The Home Secretary and others (iii)2011 SCC Online Mad 1881 in the case of C.Ve.Shanmugam Vs. State of Tamil Nadu and others and invoking its inherent powers under Section 482 Cr.P.C and on the facts and circumstances of the case, is of considered view that to meet the ends of justice, further investigation to be done by CBCID. http://www.judis.nic.in 14/16 Crl.O.P.No.7670 of 2020
17.Accordingly, the Crime No.44 of 2020 on the file of the respondent police shall stand transferred to the file of the Deputy Superintendent of Police, CBCID Organized Crime Unit, Salem for further investigation. The respondent Police is directed to hand over all records forthwith to the Deputy Superintendent of Police, CBCID Organized Crime Unit Salem, who shall investigate the case and take further action according to law.
28.05.2020 Index: Yes/No Speaking Order: Yes/No Internet : Yes/No tta To
1.The Inspector of Police, Erumapatti P.S, Namakkal District.
2.The Deputy Superintendent of Police, CBCID Organized Crime Unit, Salem.
3.The Public Prosecutor, High Court of Madras, Chennai-104.
http://www.judis.nic.in 15/16 Crl.O.P.No.7670 of 2020 M.NIRMAL KUMAR, J.
tta Crl.O.P.No.7629 of 2020 28.05.2020 http://www.judis.nic.in 16/16