S.Senthamizharasu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.12.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Senthamizharasu .. Petitioner /versus/ 1.The Superintendent of Police, O/o Superintendent of Police, Chengalpattu District.

2.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, CB-CID Wing, Chengalpattu.

3.The Inspector of Police, Kalapakkam Police Station, Chengalpattu District.

.. Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., seeking a direction, directing to the respondent 1 to transfer of investigation in Crime No.115 of 2023 pending on the file of the 3rd respondent to the 2nd respondent and investigate the same and file the final report expeditiously. 1/5

For Petitioner :Mr.P.Muthamizhselvakumar For Respondents :Mr.Leonard Arul Joseph Selvam Govt.Advocate (Crl.Side) for R1 to R3 ----

O R D E R

This Criminal Original Petition is filed seeking transfer of investigation alleging that the 3rd respondent police is not properly investigating the suspicious death of Palaniyappan, Head Master in Kilarkollai Union Primary School. The petitioner is the brother-in-law of the deceased. The petitioner suspects an Auto Driver that in connivance with a maid of the house, he had caused death of Palaniyappan, but the police did not properly investigate the matter and not probe the material collected through CCTV footage.

2.

The learned counsel appearing for the petitioner also submitted that Palaniyappan died due to drowning and Post mortem report reveals no external injury to suspect other than the suicide. Investigation indicates that 2/5

the deceased Palaniyappan was in grief for long time due to demise of his brother. On the day of his brother's anniversary, he had jumped in the sea and died. The persons, who were suspected by the defacto complainant were enquired and sofar there is no material to implicate them for the cause of death of Palaniyappan. The investigation is in progress and CCTV footage collected indicates that the deceased used the Auto to go there. One of the suspect, the auto driver dropped the deceased near the beach and saw he went towards the beach, except that, the suspected auto driver has no role in the incident.

3.

In view of the above submission and the material sofar collected through investigation, this Court is of the view that there is no necessity to transfer the investigation. The 3rd respondent police shall continue the investigation and he should file the final report based on the material collected. This investigation shall be supervised by the Deputy Superintendent of Police, Mahapalipuram to ensure the investigation done in accordance with law.

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4.

Accordingly, this Criminal Original Petition is disposed of. 13.12.2023 Index:yes/no Netural Citation:yes/no Speaking order/Non speaking order ari To:

1.The Superintendent of Police, O/o Superintendent of Police, Chengalpattu District.

2.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, CB-CID Wing, Chengalpattu.

3.The Inspector of Police, Kalapakkam Police Station, Chengalpattu District.

4.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

ari 13.12.2023 5/5