The court directed respondents to file a status report regarding an investigation dropped based on a suicide note. No final order on the petitions' core prayers was made in this proceeding.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Twenty Third day of August Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice P. RAJAMANICKAM CRIMINAL ORIGINAL PETITION No.5687 of 2015
AND W.P.NO.25748 OF 2014 AND MP.NO.1 OF 2014
K.S.SUNDARAM @ [ PETITIONER / ACCUSED SHANMUGASUNDARAM IN ALL THE PETITIONS ] Vs 1 THE DISTRICT COLLECTOR, [ RESPONDENTS / COIMBATORE DISTRICT, COIMBATORE IN CRL.OP.NO.5687 OF 2015 ] 2 THE INSPECTOR OF POLICE, THUDIYALUR POLICE STATION, COIMBATORE - 29. CR.NO.478/14. 1 THE SECRETARY, [ RESPONDENTS / IN HOME DEPARTMENT, FORT ST. GEORGE, W.P.NO.25748 OF 2014 AND CHENNAI. MP.NO.1 OF 2014 ] 2 THE DISTRICT COLLECTOR, COIMBATORE DISTRICT, DISTRICT COLLECTOR OFFICE CAMPUS, COIMBATORE-18. 3 THE THASHILDAR, COIMBATORE NORTH TALUK OFFICE, DR. BALASUNDARAM SALAI, COIMBATORE-18. 4 THE SUPERINTENDENT OF POLICE, SUPERINTENDENT OF POLICE OFFICE, HOSUR ROAD, COIMBATORE.18. 5 THE DEPUTY SUPERINTENDENT OF POLICE, PERIYANAIKANPALAYAM, COIMBATORE. 6 THE INSPECTOR OF POLICE, THUDIYALUR POLICE STATION, COIMBATORE - 29. CR.NO.478/14 7 THE CENTRAL BEURO OF INVESTIGATION (CBI), COIMBATORE.
Petition praying that in the circumstances stated therein the High Court will be pleased to
(i) pass an order of direction, directing the Respondent consider the represention of the petitioner dt 26.2.2015 to conduct Repost mortem by a Team of Doctors by exhuming the body of the deceased ENNIAN ILAMATHICEMBIAN concerned in Crime No.478 of 2014 on the file of Inspector of Police, Thudiyalur by taking Videograph by the expert of the petitioners choice to secure the ends of justice. [ IN CRL.OP.No.5687 OF 2015 ]
(ii) issue a writ and in particular a writ of Mandamus directing the respondents 1 to 6 to transfer the investigation in Crime No.478 of 2014 on the file of the 6th respondent and transfer the same to the file of the 7th respondent or any other investigation agency at the discretain of this Hon`ble court. [ IN WP.NO.25748 OF 2014 ]
(iii) direct the respondents to conduct a fresh Post Mortem and to file a report this Hon`ble court pursuant to the dead body identified in Crime No.478 of 2014, the dead body of late Mr.Enniyan Ellamathi Sembiyan buried at Zion Church Graveyard, Kavundamplayam, Coimbatore. [ IN MP.NO.1 OF 2014 ]
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.SANKARASUBBU Advocate [ IN CRL.OP.NO.5687 OF 2015 ] AND MR.G.B.SARAVANABHAVAN, Advocate [ IN W.P.NO.25748 OF 2014 AND MP.NO.1 OF 2014 ] for the petitioner and of PUBLIC PROSECUTOR [ IN ALL THE PETITIONS ] on behalf of the Respondent the court made the following order:-
Learned counsel for the petitioner present and he requests to direct the respondents to file a status report. The learned Government Advocate(crl.side) has submitted that based on the suicide note, further action has been dropped. Hence, the respondents are directed to file a status report with relevant papers.
This order, on being produced, be punctually observed and carried into execution by all concerned
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE DISTRICT COLLECTOR, COIMBATORE DISTRICT, DISTRICT COLLECTOR OFFICE CAMPUS, COIMBATORE-18. 2 THE INSPECTOR OF POLICE, THUDIYALUR POLICE STATION, COIMBATORE - 29. 3 THE SECRETARY, HOME DEPARTMENT, FORT ST. GEORGE, CHENNAI. 4 THE THASHILDAR, COIMBATORE NORTH TALUK OFFICE, DR. BALASUNDARAM SALAI, COIMBATORE-18. 5 THE SUPERINTENDENT OF POLICE, SUPERINTENDENT OF POLICE OFFICE, HOSUR ROAD, COIMBATORE.18. 6 THE DEPUTY SUPERINTENDENT OF POLICE, PERIYANAIKANPALAYAM, COIMBATORE. 7 THE CENTRAL BEURO OF INVESTIGATION (CBI), COIMBATORE. 8 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.5687/2015 AND W.P.NO.25748 OF 2014 AND MP.NO.1 OF 2014 Date :23/08/2018 MLT-28/08/2018
K.S. Sundaram @ Shanmugasundaram
The District Collector, Coimbatore
The Inspector of Police, Thudiyalur
The Secretary, Home Department
The Thashildar, Coimbatore North
The Superintendent of Police, Coimbatore
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
