R.Kannan v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.12104 of 2021 R.Kannan .. Petitioner Vs.
1.The State represented by The Superintendent of Police, Kallakurichi District.
2.The Inspector of Police, Kallakurichi, Kallakurichi District.
... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue directions, directing respondent police to register FIR, on the basis of the complaint lodged by the petitioner on 02.04.2021. For Petitioner : Mr.M.Muruganantham For Respondents : Mr.A.Damodaran Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition is filed to issue directions, directing the respondent police to register FIR, on the basis of the complaint lodged by the petitioner on 02.04.2021.
2.The petitioner had lodged a complaint to the Superintendent of Police, Kallakurichi District on 02.04.2021, raising certain doubts with regard to non-conducting of the post-mortem on the body of the petitioner's brother viz. Sasikumar and suspect the act of the Sasikumar's wife viz. Kala and her relatives.
3.The contention of the petitioner is that the petitioner's brother viz., Sasikumar was a wholesale seller of fruits and vegetables in Koyambedu Market and also doing Real Estate and Finance Business in Chennai. He earned good money and acquired
properties and lived a luxurious life. He got married to one Kala, ten years ago and from the beginning suspected the fidelity of his wife.
4.On 30.03.2021, the petitioner was informed by one Ayyappan that his brother died and his body had been taken to Kallakurichi Government Hospital. Thereafter, the petitioner rushed there and found his brother's body and the body seen turned into purple in colour. The petitioner had doubt over the cause of death. Even without conducting post-mortem the body was handed over to said Kala, who had taken the body to her native place and buried there. The petitioner forwarded a complaint to the District Collector and the same was forwarded to the Superintendent of Police, Kallakurichi. Thereafter too no action is taken.
5.The petitioner submitted that as per the Police Standing Order 583, it is seen that if there is any doubt regarding the cause of death, or if for any other reason the Police Officer making the investigation considers it expedient so to do, he should sent the body immediately for post-mortem examination to the nearest civil surgeon. In this case the body was kept in the Kalakurichi Government Hospital. Strangely, no post-mortem was conducted on the body of the petitioner's brother. 6.In this case, the learned Government Advocate [Crl. Side] submitted that on the complaint of the petitioner a case under Section 174 Cr.P.C. registered on 13.07.2021 and investigation commenced. The requisition to the Revenue Authorities made to conduct enquiry. Further he submitted that on receipt of the petition from the petitioner, CSR.No.
602 of 2021 was assigned and summons were issued to both the parties. Summons were received by the petitioner, failed to appear for enquiry. 7.The Special Sub Inspector of Police was deputed to Thiruthuraipoondi to enquire Mrs.Kala, wife of the deceased, Kannaki W/o. Baskaran and Sister of Mrs. Kala, Baskaran, Sundar driver of the car, who were along with the deceased when he last breath. Kala wife of the deceased informed that the deceased underwent treatment at Palani Heart Care Centre, Virugambakka, Chennai for heart problem from the year 2019 and she handed over the medical records and the xerox copy of the report is produced before this court. The petitioner herein attempted to serve the summons copy, but he failed to receive the same. The petitioner was not cooperating with the enquiry.
The petitioner was very much present when the body was in the mortuary. When handed over to Kala at that time, he had not made any complaint and objected to the same, three days thereafter he sent a representation to the Superintendent of Police and two months thereafter he sent a representation to the respondent police.
8.From the enquiry it is revealed that the deceased while he was travelling from Salem to Chennai on 30.03.2021, at about 04.10 p.m. he had chest pain and felt breathlessness, immediately he was taken to the Med Care Medical Shop at Kacharapalayam Road, Kallakurichi and asked for medicine. The shop keeper refused to give medicine without valid prescription. The Doctor in Chennai who earlier treated was contacted for getting medicines. Thereafter the deceased was taken to the nearest Hospital viz., Annai Medical Centre, Thiyagaduram Road. Dr.T.S.Dilip Kumar, Duty Doctor, examined the deceased and reported that the patient was found unconscious, pupils dilated not reacting, ECG showed flat line, no heart beat, hence death declared. Further Dr.T.S.Dilip Kumar informed that since the petitioner's brother was already a cardiac patient.
due to cardiac arrest the death occurred and thereafter, advised to take the body to the Kallakurichi Government Hospital. The body was kept in mortuary. The wife of the deceased informed and she came there and gave a letter along with the medical records, where previously the deceased was treated for heart problem at Palani Heart Care Centre, Virugambakkam, Chennai. Further the Doctor at Chennai with whom the deceased earlier took treatment was contacted, verified, who confirmed the same. Thereafter on the specific request of the Kala wife of the deceased the body was handed over to her without postmortem, based on the medical records produced and enquiry made with the Doctors at Chennai and Kallakurichi. The reason for death confirmed, as heart attack, hence, there was no doubt or suspicion.
9.Police Standing Order states that if a person died under circumstances raising a reasonable suspicion that some other person has committed an offence. In this case there was no suspicion on cause of death and the death had occurred due to cardiac arrest and the deceased was a cardiac patient. 10.For some other reason the petitioner is making the complaint and now the case has been registered under Section 174 Cr.P.C. in Crime No.602 of 2021 and the investigation is in progress. On completion of investigation final report would be filed and the grievance of the petitioner would be considered. 11.Considering the submissions and on perusal of the materials it is seen that in this case initially CSR.No.
602 of 2021 was registered, on receipt of the current papers from the Superintendent of Police summons were issued to the petitioner as well as the persons suspected by the petitioner and they were examined on 19.07.2021. Thereafter now FIR in Crime No.602 of 2021 registered and investigation is in progress.
thereafter conclude the investigation and to file a final report in this case.
12.With the above observation, this Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To
1. The Superintendent of Police, Kallakurichi District.
2. The Inspector of Police, Kallakurichi, Kallakurichi District.
3. The Public Prosecutor, High Court, Madras.
+1 CC to Mr.M.Muruganantham, Advocate, Sr.No.41253 Crl.O.P.No.12104 of 2021 KSM (CO) CT (08/09/2021