Chithra v. The District Collector

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.

4. The Dean, Government Hospital, Tirunelveli, Tirunelveli District.

... Respondents 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

O R D E R

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 1/3

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 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.

Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note: 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.

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4.The Dean, Government Hospital, Tirunelveli, Tirunelveli District.

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

Crl.OP(MD)No.3931 of 2021 15.03.2021 MA(CO) TR(15.03.2021) 3P 6C 3/3