Indian Kanoon - Search engine for Indian Law

7. Petitioner has further submitted that on 04.06.2015, Revathy was called by the 9th respondent and was informed that investigation was over, Subramaniam was innocent and handed him over to his wife. But his condition was very serious. He couldn’t stand, walk, his legs and hands were swollen and his body was clotted with blood stains. The 9 th respondent instructed Revathy to give treatment to her husband and then to take him home. Revathy cried that she had no money to hire a vehicle to take him to a hospital to provide treatment. Then the 9 th respondent sent a TATA Sumo with two police persons, Subramaniam was taken to JIPMER Hospital. On the way, Subramaniam told to his wife that he could not breath and not passed urine, for the past two days and his stomach http://www.judis.nic.in was swollen. His hands, fingers and toes were also swollen. His body was full of wounds. He complained of acute pain. In JIPMER, doctors asked about the wounds and he told them that police had brutally beaten him.

http://www.judis.nic.in

23. Going through the files Ms.P.Deepa, Inspector of Police, CB-

CID, present in Court acknowledges the submissions of the learned Counsel for the petitioner that the deceased Subramanian died in custody.

24. Today (07.08.2019), when the matter was taken up, on the basis of the order, dated 06.08.2019, passed by us, the Principal District Judge, Cuddalore District vide D.No.6436/2019, dated 06.08.2019, has submitted a copy of the report filed under Section 176(1-A) of Cr.P.C. in Cr.No.4/2015 of CB-CID, Cuddalore. We have perused the same. Report under Section 176(1-A) of Cr.P.C., in Cr.No.4/2015 of CB-CID, Cuddalore, reads thus, "The brief version behind the case which is under inquest, is that, One Subramani, husband of the complainant namely Revathy was being picked up by Police personal attached to Neyveli Township Police Station from the residence of deceased at P.N.Palayam, Panruti Taluk on 28.5.2015 around 1.00 A.M. for interrogation in connection to crime No.4/2015 of Neyveli Town Ship Police Station, It is alleged by the complainant, that said Subramani was subjected to custodial torture from 28.05.2015 to http://www.judis.nic.in 04.06.2015, then he was handed over to the complainant on 06.06.2015 around 3.00 P.M. with an advise to admit the deceased in the JIPMER Hospital as his health was not in good condition. Accordingly, said Subramani was admitted into the hospital with the help of Police Personal who were attached to above police station. It is the specific version of the complainant that, on 05.06.2015 alone she was allowed to see her husband who was kept in separate building detached from the premise of police station. When she so seen her husband, she found him with multiple injuries. Then, the deceased who was said to be admitted in JIPMER, succumbed to death on 6.6.2015 around 4.00 A.M., the cause of death as per Post Postmortem, is that Acute Tubular Necrosis Renal Failure.

12. It is that specific statement that at 3.00 PM on 04.05.2015, Subramani was admitted into the hospital and died around 4.00 A.M. On 06.06.2015. During the said period, the Subramani was under surveillance by the Neyveli police personal.

13. The above said statement with reference to the illegal custody was found to the,, supported and corroborated by other person who said to be accompanied Mrs.Revathy during her efforts to rescue her husband. The said persons are Karunakaran, the brother of deceased who said to be witnessed the alleged custody taken by the police on 28.5.2015 around 1.00 hours and seeing the deceased Subramani in the police station with multiple injuries. Then he went to the police station along with Mrs.Revathy and saw the Mr.Subramani and taken him the JIPMER hospital. The other two are Mr.Baskar and Mr.Velmurugan both of them are brothers of Mrs.Revathy the complainant herein. Both of them in unison alleged that they heard from their http://www.judis.nic.in sisters Mrs.Revathy that deceased Subramani was being taken to the custody by the Police, then they accompanied her sister to the police station and they found Subramani with multiple injuries, then on 4.05.2015 Mr.Velmrugan accompanied Mrs.Revathy and traveled with him in the police jeep along with deceased Subramani to admit him into the JIPMER hospital. From the statement of Mrs.Revathy, Karunakaran, Velmurugan and Baskar I am not able to find no any discrepancies to disbelieve their version.

20. It was put-forth by the Inspector of Police Mr.Raja in his statement, he had stated that they have received an http://www.judis.nic.in information from the JIPMER hospital by stating that some four peoples attacked the deceased at his residence then only he had sent SSI Mr.Subramaniyan on 05.06.2015 in the JIPMER hospital. Whereas, the admission register and the case sheet maintained by the JIPMER hospital disclose that deceased was being attacked by known person at Neyveli. The residence of the deceased was situated in Melpattampakkam, not in the Neyveli vicinity. Therefore, the statement that the deceased was being attacked at his residence and such information was received by Neyveli Police station appears to be not supported by the medical records, the SSI Mr.Udayakumar who attached to the Nellikuppam police station had stated that they have received an information from the JIPMER on 04.06.2015 around 10.00 P.M., that said deceased was admitted into the hospital by stating that he was attacked in his residence at Melpattambakkam which is situated within the jurisdiction of Nellikuppam Police station. Then he maintained that said information is pertain to Neyveli and on his enquiry he find no any such incident in the said vicinity, all the evidence squarely marching the injuries of the deceased towards the custodial torture.