A.Santhanakaruppu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.10.2025
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD). No.18022 of 2025 A.Santhanakaruppu ... Petitioner Vs 1.The State of Tamilnadu, Rep. By The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2.The Inspector of Police, CBCID, No.83, 3rd Cross Street, Krishnapuram Colony, Madurai-625 014.
3.The Inspector of Police, Vadipatti Police Station, Vadipatti, Madurai District.
Crime No.67 of 2025.
... Respondents PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, to direct the 1st Respondent to transfer the investigation in Crime No.67 of 2025 from the 3rd respondent to the 2nd respondent or some other investigation agency by considering the petitioner's representation dated 14.07.2025.
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For Petitioner : Mr.C.Ganeshkumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor
ORDER
The petitioner seeks a direction to the first Respondent to transfer the investigation in Crime No.67 of 2025 from the third respondent to the second respondent by considering the petitioner's representation dated 14.07.2025.
2.The grievance of the petitioner is that her two sons, aged about four and three years, respectively, while playing in front of their house, had fallen into a 10 feet unprotected deep hole drilled for constructing a septic tank; that one of them succumbed to the injuries sustained; that though an FIR was registered in Crime No.67 of 2025, the respondents have not taken any effective steps to secure the accused persons, who are the official and contractor of the municipality. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that the accused have been identified; that the 2/5
offence has been registered as culpable homicide; that the persons, who were responsible for the death of the children of the petitioner, have been identified and that the investigation cannot be said to be biased. He would further submit that the respondents would file the final report within a period of two months.
4.Since the FIR has been registered for the offences under Sections 125 and 106 of BNS and the accused have been identified and subsequently, released on bail, this Court is of the view that it cannot be said that the respondents are conducting the investigation in a biased manner. However, the respondents are directed to conclude the investigation and file a final report within a period of two months from the date of receipt of a copy of this order.
5.With the above observation, this Criminal Original Petition is disposed of.
23.10.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp 3/5
To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2.The Inspector of Police, CBCID, No.83, 3rd Cross Street, Krishnapuram Colony, Madurai-625 014.
3.The Inspector of Police, Vadipatti Police Station, Vadipatti, Madurai District.
Crime No.67 of 2025 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN,J CP ORDER IN CRL OP(MD) No.18022 of 2025 Date : 23.10.2025 5/5