PRESENT : HON’BLE THIRU V.KANNADASAN, M.Sc., M.L., MEMBER. Thiru G.Mathialagan … Complainant

STATE HUMAN RIGHTS COMMISSION, TAMIL NADU
‘Thiruvarangam’
No.143 P.S.Kumarasamy Raja Salai
(Greenways Road), Chennai-600 028.

Wednesday, the 10th day of December 2025

SHRC Case No.4682 of 2020

PRESENT :
HON’BLE THIRU V.KANNADASAN, M.Sc., M.L.,
MEMBER.

Thiru G.Mathialagan … Complainant
-vs-

(1)Thiru M.Chandru, the then Sub-Inspector of Police, Cherambadi Police Station, The Nilgiris District.
(2)Thiru A.Anandavelu, the then Inspector of Police, Cherambadi Circle, The Nilgiris District.
(3)Thiru Prabakaran, the then Gr.I.PC.1303, Cherambadi Police Station, The Nilgiris District.
(4)Thiru G.Jayaraj, the then PC.56861, Cherambadi Police Station, The Nilgiris District.
(5)Thiru Sujith Noble, the then PC.3259, Cherambadi Police Station, The Nilgiris District.
(6)Thiru M.Muthukrishnan, the then PC.441, Cherambadi Police Station, The Nilgiris District.
(7)Thiru M.Sulthan Allavudeen, the then PC.58345, Cherambadi Police Station, The Nilgiris District.
(8)Thiru P.J.Shaji, the then HC.619, Cherambadi Police Station, The Nilgiris District.
(9)Thiru Gopalakrishnan, the then PC.2154, Cherambadi Police Station, The Nilgiris District.

… Respondents
ORDER

Gist of the complaints allegations is as follows:-
The Complainant is residing at Door No.5/312B4, Pathirimoola Village in The Nilgiris District. There was a construction dispute arose between him and one building worker Thiru Nagaraj relating to cheat the money of the Complainant. Hence he lodged complaints at two times with the Cherambadi police station. But no action was taken by the police and hence at third time he gave a complaint before the 1st Respondent on 15.2.2020 along with his wife and his son Saseelan and prayed to take action on his complaint. But the 1st Respondent abused him and kicked him and when his wife and son came for his rescue, his son asked the 1st Respondent why he kicked his father for which the 1st Respondent abused him and assaulted him and directed him to remove his dresses and sent the Complainant and his wife out and after 10 minutes he sent his son out after scolding him. So, his son got mental agony and because of such assault and the insult, his son circulated a video abusing the 1st Respondent through cell phone. So, the 1st Respondent was searching for his son and on 17.02.2020 at about 04.00 PM the Head Constable of Cherambadi police station along with 6 police personnel went to Pandalur and taken his son to the police station from his relative house in an auto and they assaulted his son and snatched a sum of Rs.1590/- from his son. In the police station one policeman Praba first assaulted him and other 6 police persons, who came from Madurai area, also assaulted him with iron rod and caused injuries to him and the nerve of his penis got damaged and the 1st Respondent also abused him in filthy language and beaten him on his left leg with iron rod and caused fracture injury to his son and the other 6 policemen assaulted his son in brutal manner and his son was fainted. Thereafter, the Inspector of Police directed the other policemen to make arrangements for remanding his son and also threatened his son not to reveal about the assault and torture of the police before the Doctor and Magistrate or otherwise some other treatment will be given to him and within six month his account was closed. The Doctor of Pandalur Government Hospital without any examination gave fitness certificate and the Magistrate also remanded him and his son was taken to Gudalur jail. But the jail authorities refused to take him for admission and hence the police took his son to the Government Doctor, Gudalur and got fitness certificate from him and then only his son was admitted in the jail. When the Complainant and his wife went to Gudalur jail to see their son, the jail authorities told him that his son was affected very mush and hence they advised to approach the court for bail immediately. Thereafter, his son was released on bail and he took his son to the Government Hospital, Pandalur and the Doctor referred him to the Government Hospital, Gudalur through 108 ambulance and there the Doctor, who examined his son, told that his son sustained injuries in many parts of the body and hence he referred him to the Headquarters Hospital, Ooty. The Doctors examined his son and it was revealed that his son got fracture in his left leg and his kidney was also affected and so advised him to treat his son in the private hospital. Therefore, the Complainant took his son to WIMS hospital, Wayanad, Kerala State and admitted him and surgery was done in the penis area for passing urine and he met medical expenses in lakhs. But his son died on 02.07.2020 without responding to the treatment given to him because of the brutal assault made by the policemen in Cherambadi police station and hence suitable action may be taken against them.

2. This Commission after receiving the complaint from the Complainant forwarded the same to the IGP/Director, Investigation Wing of this Commission to enquire the matter and submit a report. The IGP/ Director Investigation Wing of this Commission submitted a report concluded that the son of the Complainant was brutally assaulted in Cherambadi police station by the 1st Respondent and other policemen for the motive of circulating a video in WhatsApp by the son of the Complainant abusing the 1st Respondent and other police officials by using unparliamentarily words.

3. After perusal of the report, summonses were sent to the
Complainant and also to the Respondents No.1 to 9 for their appearance and they had also appeared before this Commission and filed their counter statements in a detailed manner.
4. The defence of the Respondents as could be gathered from the separate counter statements filed by them is as follows:-
The 1st Respondent denied all the allegations leveled against him in the complaint filed by the Complainant. He submits that no complaint was given by the Complainant’s family in the police station on 15.02.2020 and no incident was happened on the same day in the police station as alleged by the Complainant in his complaint. However, on 14.02.2020 at about 09.30 PM the son of the Complainant namely Saseelan came to Cherambadi police station in an inebriated state of mind and acted in indecent manner and the 1st Respondent advised him and sent him out from the police station. On 15.02.2020 the Complainant’s son circulated a voice message in a WhatsApp group namely “Srikanth SK friends” consisting 184 members abusing the 1st Respondent in filthy language and the transcription of the same was mentioned in the counter statement. Hence the 1st Respondent gave a complaint to the 2nd Respondent on 18.02.2020 and on that complaint a case was registered in Cherambadi PS Cr.No.39/2020 U/s 294(b),353 & 506(ii) of IPC and the 2nd Respondent took up the investigation and arrested the said Saseelan on 18.02.2020 at 04.20 PM at Pandalur bus stop and took him to the police station at 05.00 PM and on the basis of his confession statement, his cell phone was seized and they intimated the arrest to the Complainant’s wife Tmt.Rani and she also put signature in the arrest memo and on the same day at 10.30 PM he was produced before the Magistrate and remanded to judicial custody and the Magistrate endorsed in the remand report after examining the said Saseelan as “No complaints, No injury.” The Complainant’s son came out on bail on 21.02.2020 and on 22.02.2020 at about 10.00 AM he went to the Government Hospital, Pandalur and informed the Doctor that on 18.02.2020 at about 04.15 PM one unknown person assaulted him with rod and stick in Cherambadi and he was admitted as inpatient and then he was referred to the Government Hospital, Ooty for further management and he did not say anything against the Respondents as alleged in the complaint and on 29.02.2020 he was discharged from that hospital. It is false to say that the Complainant’s son was admitted in the WIMS Hospital, Kerala and took treatment in that hospital and without responding to such treatment he died later. In fact, the Complainant’s son was an alcoholic and because of the reason that his kidney was affected and for that reason only he was taking treatment at Kerala. The medical report dated 10.03.2020 would show that he was suffering from “Grade I fatty liver.” But he did not take proper treatment and he continued to consume alcohol and for that reason only he was admitted in the Government Hospital, Pandalur and thereafter he was admitted in the WIMS Hospital, Kerala on 30.06.2020 for further management and later he was discharged from the hospital. But the Complainant suppressed the above matter in his complaint. The 1st Respondent had not violated any of the human rights of the Complainant’s son and hence the complaint against him is liable to be dismissed.
The 2nd Respondent filed a counter statement corroborated the counter statement of the 1st Respondent. He further submits that on the complaint lodged by the 1st Respondent on 18.02.2020 that the Complainant’s son Saseelan circulated a voice message in a WhatsApp group namely “Srikanth SK friends” consisting 184 members abusing the 1st Respondent in filthy language on 15.02.2020, a case in Cherambadi PS Cr.No.39/2020 U/s 294(b),353 & 506(ii) of IPC was registered against Saseelan and the 2nd Respondent took up the investigation and arrested the said Saseelan on 18.02.2020 at 04.20 PM at Pandalur bus stop and took him to the police station at 05.00 PM and on the basis of his confession statement, his cell phone was seized and they intimated the arrest to the Complainant’s wife Tmt.Rani and she also put signature in the arrest memo and on the same day at 10.30 PM he was produced before the Magistrate and remanded to judicial custody and the Magistrate endorsed in the remand report after examining the said Saseelan as “No complaints, No injury.” The Complainant’s son came out on bail on 21.02.2020. He also mentioned the other aspects as stated by the 1st Respondent in his counter statement. Finally, he prayed that he did not commit any human rights violation against the said Saseelan and hence the complaint against him is liable to be dismissed.
The 3rd Respondent filed a counter statement stating that at the relevant point of time, he was in Kolapalli Village and the 4th Respondent gave information about the arrest of the Complainant’s son Saseelan. He went to Cherambadi police station for giving information about another case before the special branch. At that time, Tmt.Rani, the mother of Saseelan and Thiru Chandrabose, Vice-President of Cherancode Panchayat were standing before the Cherambadi police station and sought help from him for not registering any case against her son. But he refused for the same by saying that her son abusing the police in filthy language and hence he could not speak to them. Then he went to his office along with the other case documents. Therefore, they got angry with him for not helping in this matter and because of the reason that the complaint was given against him. He had not committed any violation of human rights against Saseelan and hence the complaint against him is liable to be dismissed.
The 4th Respondent has, in the counter statement, stated that on 18.08.2020 when he was on rounds in Kolapalli Bazaar, he received information from one Thiru Amaran, para duty, that one Saseelan, who was the accused in Cherambadi Cr.No.39/2020, was in a hotel at Ayyankolli Bazaar and directed him to go to that place and bring the accused to the police station. Hence he along with the 5th Respondent searching for him at Ayyankolli hotel, the residence of Complainant at Pathirimoola and one shop of Thiru Selvakumar at Kolapalli Bazaar. But he was not in those places and finally on information 4th & 5th Respondents went to Pandalur and seen the said Saseelan and as per the instruction of Inspector of Police, they brought the said Saseelan in an auto and the same was informed to the 3rd Respondent and he went out from the police station for rounds and returned to the police station at about 07.00 PM and he came to know that the said Saseelan was sent to remand. Except that he did not involve in the alleged incident and he did not assault the Complainant’s son and hence the complaint against him is liable to be dismissed.
The 5th Respondent filed counter statement corroborating the counter statement filed by the 4th Respondent. After entrusting the accused Saseelan in the police station, he went for rest because of the night rounds. Then he came to the police station at about 20.00 hrs and he was informed that Saseelan was sent to remand. Except that he did not involve in any incident and he did not assault the Complainant’s son and hence the complaint against him is liable to be dismissed.
The 6th Respondent has stated in his counter statement that he was working in the Writer room at the relevant point of time. On 18.02.2020 the said Saseelan was taken to the police station and at that time he was sat in the first floor of the police station and he prepared the required documents for remand and handed over the same to the Station Writer. Except that he did not involve in any incident and hence the complaint against him is liable to be dismissed.
The 7th Respondent has stated in his counter statement that on 18.02.2020 he was on rounds in Cherambadi Bazaar and at about 20.00 hrs he returned to Cherambadi police station and he was informed that the accused Saseelan in Cr.No.39/2020 was taken to the police station and prepared for his remand. Then he went out from the police station for rest. Except that he did not involve in any incident and he did not assault the Complainant’s son and hence the complaint against him is liable to be dismissed.
The 8th Respondent has stated in his counter statement that on 18.02.2020 the accused Saseelan in Cr.No.39/2020 was taken to the police station and the 1st Respondent enquired him in presence of the 2nd Respondent and at that time he was in the writer room maintaining the records. As per the instruction of the 1st Respondent at about 18.00 hrs he and 9th Respondent took the accused Saseelan as escort police and produced him before the Magistrate, Pandalur and then entrusted him to the prison authorities of Gudalur Sub-Jail. At that time, the said Saseelan informed to the prison authorities that his health was not well and hence he was handed over to them by the prison authorities and they took him to Gudalur hospital and taken back to prison and handed over the said Saseelan to the prison authorities. Except that he did not involve in any incident and he did not assault the Complainant’s son and hence the complaint against him is liable to be dismissed.
The 9th Respondent also corroborated the same averments made by the 8th Respondent in his counter statement. Finally, he has stated in his counter statement that he did not commit any human rights violation against the said Saseelan and prayed to dismiss the complaint against him.

5. The points for consideration before this Commission are as follows:
(1) Whether the Respondents had violated the human rights of the
Complainant’s son deceased Saseelan?

(2) What reliefs the Complainant is entitled to?

6. Point No.1 :- The complaint filed by the Complainant against the Respondent that there was a construction dispute arose between him and one building worker Thiru Nagaraj relating to cheat the money of the Complainant. Hence he lodged complaints at two times with the Cherambadi police station. But no action was taken by the police and hence at third time he gave a complaint before the 1st Respondent on 15.2.2020 along with his wife and his son Saseelan and prayed to take action on his complaint. But the 1st Respondent abused him and kicked him and when his wife and son came for his rescue, his son asked the 1st Respondent why he kicked his father for which the 1st Respondent abused him and assaulted him and directed him to remove his dresses and sent the Complainant and his wife out and after 10 minutes he sent his son out after scolding him. So, his son got mental agony and because of such assault and the insult, his son circulated a video abusing the 1st Respondent through cell phone. So, the 1st Respondent was searching for his son and on 17.02.2020 at about 04.00 PM the Head Constable of Cherambadi police station along with 6 police personnel went to Pandalur and taken his son to the police station from his relative house in an auto and they assaulted his son and snatched a sum of Rs.1590/- from his son. In the police station the 3rd Respondent first assaulted him and other 6 police persons, who came from Madurai area, assaulted his son with iron rod and caused injuries to him and the nerve of his penis got damaged and the 1st Respondent also abused him in filthy language and beaten him on his left leg with iron rod and caused fracture injury to his son and the other 6 policemen assaulted his son in brutal manner and his son was fainted. Thereafter, the Inspector of Police directed the other policemen to make arrangements for remanding his son and also threatened his son not to reveal about the assault and torture of the police before the Doctor and Magistrate or otherwise some other treatment will be given to him and within six month his account was closed. The Doctor of Pandalur without any examination gave fitness certificate and the Magistrate also remanded him and his son was taken to Gudalur jail. But the jail authorities refused to take him for admission and hence the police took his son to the Government Doctor, Gudalur and got fitness certificate from him and then only his son was admitted in the jail. When the Complainant and his wife went to Gudalur jail to see their son, the jail authorities told him that his son was affected very mush and hence they advised to approach the court for bail immediately. Thereafter, his son was released on bail and he took his son to the Government Hospital, Pandalur and the Doctor referred him to the Government Hospital, Gudalur through 108 ambulance and there the Doctor, who examined his son, told that his son sustained injuries in many parts of the body and hence he referred to the Headquarters Hospital, Ooty. The Doctors examined his son and it was revealed that his son got fracture in his left leg and his kidney was also affected and advised him to treat his son in the private hospital. Therefore, the Complainant took his son to WIMS hospital, Wayanad, Kerala State and admitted him and surgery was done in the penis area for passing urine and he met medical expenses in lakhs. But his son died on 02.07.2020 without responding to the treatment given to him because of the brutal assault made by the policemen in Cherambadi police station and hence suitable action may be taken against them.

7. Per contra, the Respondents denied all the allegations made in the complaint against them by the Complainant as false. They submits that no complaint was given by the Complainants family in the police station on 15.02.2020 and no incident was happened on the same day in the police station as alleged by the Complainant in his complaint. However, on 14.02.2020 at about 09.30 PM the son of the Complainant namely Saseelan came to Cherambadi police station in an inebriated state of mind and acted in indecent manner and the 1st Respondent advised him and sent him out from the police station. On 15.02.2020 the Complainant’s son circulated a voice message in a WhatsApp group namely “Srikanth SK friends” consisting 184 members abusing the 1st Respondent in filthy language and the transcription of the same was mentioned in the counter statement. Hence the 1st Respondent gave a complaint to the 2nd Respondent on 18.02.2020 and on that complaint a case was registered in Cherambadi PS Cr.No.39/2020 U/s 294(b),353 & 506(ii) of IPC and the 2nd Respondent took up the investigation and arrested the said Saseelan on 18.02.2020 at 04.20 PM at Pandalur bus stop and took him to the police station at 05.00 PM and on the basis of his confession statement, his cell phone was seized and they intimated the arrest to the Complainant’s wife Tmt.Rani and she also put signature in the arrest memo and on the same day at 10.30 PM he was produced before the Magistrate and remanded to judicial custody and the Magistrate endorsed in the remand report after examining the said Saseelan as “No complaints, No injury.” The Complainant’s son came out on bail on 21.02.2020 and on 22.02.2020 at about 10.00 AM he went to Government Hospital, Pandalur and informed the Doctor that on 18.02.2020 at about 04.15 PM one unknown person assaulted him with rod and stick in Cherambadi and he was admitted as inpatient and then he was referred to the Government Hospital, Ooty for further management and he did not say anything against the Respondents as alleged in the complaint and on 29.02.2020 he was discharged from that hospital. It is false to say that the Complainant’s son was admitted in the WIMS Hospital, Kerala and took treatment in that hospital and without responding to such treatment he died later. In fact, the Complainant’s son was an alcoholic and because of the reason that his kidney was affected and for that reason only he was taking treatment at Kerala. The medical report dated 10.03.2020 would show that he was suffering from “Grade I fatty liver.” But he did not take proper treatment and he continued to consume alcohol and for that reason only he was admitted in the Government Hospital, Pandalur and thereafter he was admitted in the WIMS Hospital, Kerala on 30.06.2020 for further management and later he was discharged from the hospital. But the Complainant suppressed the above matter in his complaint. The 3rd Respondent was in Kolapalli Village at the relevant point time for the enquiry of some other case and the 4th Respondent gave information about the arrest of the Complainant’s son Saseelan. He went to Cherambadi police station for giving information about another case before the special branch. At that time, Tmt.Rani, the mother of Saseelan and Thiru Chandrabose, Vice-President of Cherancode Panchayat were standing before the Cherambadi police station and sought help from him for not registering any case against her son. But he refused for the same by saying that her son abusing the police in filthy language and hence he could not speak to them. Then he went to his office along with the other case documents. Therefore, they got angry with him for not helping in this matter and because of the reason that the complaint was given against him. On 18.08.2020 the 4th & 5th Respondents were instructed to bring the accused Saseelan in Cr.No.39/2020 and they searching for him in many places and finally on information they went to Pandalur and seen the said Saseelan and as per the instruction of Inspector of Police, they brought the said Saseelan in an auto and the same was informed to the 3rd Respondent and except that they did not involve in any incident and they did not assault the Complainant’s son. The 6th Respondent was working in the Writer room at the relevant point of time. On 18.02.2020 the said Saseelan was taken to the police station and at that time he was sat in the first floor of the police station and he prepared the required documents for remand and handed over the same to the Station Writer. Except that he did not involve in any incident. On 18.02.2020 the 7th Respondent was on rounds in Cherambadi Bazaar and at about 20.00 hrs he returned to Cherambadi police station and he was informed that the accused in Cr.No.39/2020 was taken to the police station and prepared for his remand. Then he went out from the police station for rest. Except that he did not involve in any incident and he did not assault the Complainant’s son. On 18.02.2020 the accused in Cr.No.39/2020 was taken to the police station and the 1st Respondent enquired him in presence of the 2nd Respondent. As per the instruction of the 1st Respondent at about 18.00 hrs 8th and 9th Respondents took the accused Saseelan as escort police and produced him before the Magistrate, Pandalur and then entrusted him to the prison authorities of Gudalur Sub-Jail. At that time, the said Saseelan informed to the prison authorities that his health was not well and hence he was handed over to them by the prison authorities and they took him to Gudalur hospital and taken back to prison and handed over the said Saseelan to the prison authorities. Except that they did not involve in any incident and they did not assault the Complainant’s son. Therefore, the Respondents prayed to dismiss the complaint.

8. To prove his case, the Complainant examined himself as PW1 and filed proof affidavit and he reiterated the averments contained in the complaint. PW1 also filed 11 documents and the same were marked as Exs.P1 to P11.

9. Per contra, on behalf of the Respondents the 1st & 2nd Respondents examined themselves as RW1 & RW2 respectively and they also filed proof affidavits and in their proof affidavits they reiterated the averments contained in their counter statements. RW1 & RW2 also filed 7 documents and the same were marked as Exs.R1 & R7.

10. Therefore, it is the duty of this Commission to decide whether the Respondents had committed violation of human rights of the Complainant’s son Saseelan or not?

11. The Complainant examined himself as PW1 and reiterated most of the averments made in his complaint. PW1 marked 11 documents as Exs.P1 to P11. In his proof affidavit PW1 submits that the Respondents No.3 to 9 arrested his son at Pandalur on 18.12.2020 and took him to the police station and there in front of the 2nd Respondent one woman police Praba assaulted his son and in front of the 1st Respondent, the Respondents No.3 to 9 pushed his son down in the floor and assaulted him with iron rods on his shoulders and body and the 1st Respondent assaulted the son of the Complainant on his buttocks and punched his penis area using a pipe and kicked his chest by booted legs and because of the assault by the iron rods, he sustained fracture in the left leg and they were threatened him not to reveal the torture meted out in the hands of the Respondents before the learned Judicial Magistrate when he has to produce for remand.

12. The Complainant’s son was admitted in the Government Hospital, Ooty from 23.02.2020 to 29.02.2020 as inpatient for the assault on the hands of the Respondents and the medical report was marked as Ex.P1. When he was in the hospital a social activist namely Thiru Rajendran recorded the statement of his son in video and it was downloaded in Ex.P2 Pen drive. As per the advice of the Doctor of the Government Hospital, Ooty, a scan was taken on 09.03.2020 and 10.03.2020 for his son at Sulthan Batheri Scan Centre and he was admitted in DM WIMS Hospital, Kerala on 11.03.2020 and he was taking treatment there up to 16.03.2020. The medical records are marked as Exs.P3 & P4. Because of such assault in the hands of the Respondents, his son died on 02.07.2020 and the medical document was marked as Ex.P5. Exs.P6 to P8 are the copies of complaint, FIR and remand report relating to the arrest of his son. Ex.P9 is the records obtained through RTI Act from Sub-Jail, Gudalur. PW1 filed additional proof affidavit on 25.10.2024 for marking of two documents. Ex.P10 is the third page of the complaint given by his son and Ex.P11 is the complaint given by PW1 to the Superintendent of Police, The Nilgiris District on 07.07.2020. Among those documents, Ex.P10 contains only the third page of the complaint alone marked with the objection of the Respondents side.
13. During the cross-examination, PW1 denied all the suggestions put forth by the Respondents. PW1 admitted some of the allegations leveled in the proof affidavit which are not found in the complaint. However, he denied the suggestions put forth by the Respondents. PW1 deposed that when his son was admitted in Pandalur Government Hospital, he informed to the Doctor about his injuries and how it was happened to him. So, no useful information was gathered in favour of the Respondents during the cross-examination of PW1.
14. The 1st Respondent filed proof affidavit and examined as RW1 and he reiterated the same averments made in his counter statement. RW1 filed 4 documents and the same were marked as Exs.R1 to R4. RW1 during the cross-examination admitted that Ex.P6 is the complaint given by him to the 2nd Respondent, who was the then Inspector of Police of Cherambadi police station. RW1 admitted that in that complaint he did not produce any document except telling that the Complainant’s son came to the police station on 14.02.2020. RW1 admitted that Ex.P6 complaint was given by him on 18.02.2020. RW1 replied to a specific question that what was the reason for delay in submitting the complaint for which RW1 replied that he came to know the WhatsApp video circulated by the Complainant’s son only on 18.02.2020 at about 10.00 AM. When it was confronted by the counsel for the Complainant that in his complaint he has clearly stated that he came to know the publication of video footage on 15.02.2020 but he falsely replied that he came to know the facts only on 18.02.2020, for which he replied that he did not remember that. RW1 admitted that there was a correction in the endorsement made in Ex.P6 complaint about the time of receipt of the complaint. RW1 also admitted that on the basis of his complaint Ex.P7 FIR was registered in Cherambadi police station Cr.No.39/2020 and the time of registration of FIR is 04.00 PM on 18.02.2020. RW1 has stated in the cross-examination that he did not know whether the Complainant’s son was taken to the hospital for medical examination after his arrest.

15. The admission of RW1 during his cross-examination is as follows:-
“vdJ ã%gz th¡FKy« g¤Â 2š kDjhu® bfhL¤j kDé‹ ngçš elto¡if vL¡f¥gléšiy vd¡ TWtJ c©ika‰wJ vd eh‹ F¿¥Ã£oU¥gj‰F Mtz« vijÍ« eh‹ jh¡fš brŒaéšiy v‹whš rçjh‹.
v‹ål« fh£l¥gL« krhM6 Mtz« eh‹ nru«gho fhtšãiya fhtš MŒthsU« 2« v®kDjhuUkhd ÂU Mdªjntš v‹gtçl« bfhL¤j òfh® MF«. mš 14.2.2020 m‹W kDjhu® kf‹ rÓy‹ v‹w FU v§fŸ fhtšãiya« tªjh® v‹W T¿æU¥gij¤ jéu eh‹ ntW vªjbthU MtzK« ϧF jh¡fš brŒaéšiy.
eh‹ krhM6 foj¤ij fhyjhkjkhf bfhL¤jj‰F v‹d fhuz« v‹whš kDjhu® kf‹ th£°m¥ braèæš fhtšJiw¡F vÂuhf btëæ£l brŒÂfŸ vd¡F 18.2.2020 m‹W fhiy Rkh® 10 kâ¡F¤jh‹ bjça tªjJ.
k.rh.M6š rÓy‹ fhtšJiw¡F vÂuhf btëæ£l Mghr th®¤ijfŸ F¿¤J 15.2.2020 m‹W fhiyæš vd¡F bjça tªjjhf¡ F¿¥Ã£LŸs ãiyæš eh‹ 18.2.2020 m‹Wjh‹ bjça tªjjhf¡ TWtJ Kuzf cŸsJ v‹whš j‰nghJ vd¡F mJg‰¿ Phgfäšiy.
k.rh.M.6š òfh® bgw¥g£l ehëš ÂU¤j« brŒa¥g£LŸsJ v‹whš rçjh‹.
kDjhuç‹ kf‹ eh‹ bfhL¤j òfhç‹ngçš nru«gho fhtš ãiya¤jhuhš ifJ brŒa¥g£L F‰wéaš eLt® K‹ghf K‹åiy¥gL¤Jtj‰F K‹ò mt® kU¤Jt gçnrhjid¡F c£gL¤j¥g£lhuh vd eh‹ bjçªJ bfh©nldh v‹whš Ïšiy.”
16. The 2nd Respondent filed a proof affidavit and examined as RW2. RW2 submits that the Complainant’s son circulated a voice message in a WhatsApp group namely “Srikanth SK friends” consisting 184 members abusing the police officials in filthy language. After viewing the same RW1 called the Complainant’s son but he abused the 1st Respondent in filthy language and hence RW1 lodged a complaint with the 2nd Respondent on 18.02.2020 and after obtaining prior permission from the higher officials, he had registered a case in Cherambadi PS Cr.No.39/2020 U/s 294(b),353 & 506(ii) of IPC. Later, during the investigation, he came to know that the offence was committed by the Complainant’s son and he received information that the suspect Saseelan was standing near Pandalur Bus Stand on 18.02.2020 at 04.20 PM and he was arrested and taken to the police station at about 05.00 PM. On the basis of his confession statement his cell phone was seized in a mahazar and sent him to the learned Judicial Magistrate, Pandalur for remand and the Magistrate endorsed in the remand report that “No complaint No injury.” Even in the complaint PW1 submit that before admission in the prison, his son Saseelan was examined in Gudalur Hospital and the Doctor issued a report that no injuries on his body. The allegations against the Respondents are false and the son of the Complainant died due to his illness and not by the assault bythe Respondents.
17. During the cross-examination, RW2 initially admitted that PW1 lodged a complaint against one Nagaraj to him. But later he changed his version that the complaint was given to the 1st Respondent. When a specific question put forth to RW2 that whether he heard the voice message contained in Ex.P2 CD is said to be the voice message of Saseelan abusing the police officials and in which the name of the Sub-Inspector is not found, for which RW2 admitted that it is true. RW2 also admitted that Ex.P6 is the complaint given by the 1st Respondent and there was a correction in the endorsement made in the complaint regarding with the date. RW2 replied for a question that the Complainant’s son arrested at what time for which he replied that on 18.02.2020 at about 16.30hrs he was arrested. But why he had mentioned in the counter statement and his proof affidavit as 04.20 PM on 18.02.2020 for which he replied that it was typographical error. Ex.P9 is the medical records issued in Pandalur Government Hospital after examining Saseelan was shown to RW2 and he admitted that it is the medical records issued by Pandalur Government Hospital and in Ex.P9 medical records it was mentioned that the deceased Saseelan was produced and examined in the hospital at 18.02.2020 at 04.00 PM. RW1 also admitted that 8th and 9th Respondents took the Complainant’s son to the hospital and for judicial remand as escorts. For a specific question put forth to the RW2 whether the 8th & 9th Respondents informed him about the refusal of Sub-Jail authorities at the time of admission of Saseelan in the jail because of the injuries sustained by him for which RW2 replied that they informed him that there were injuries on him and hence he was taken to the hospital again.

18. RW2 filed additional proof affidavit on 25.07.2025 for marking of three documents on his side and the same were marked as Exs.R5 to R7. Ex.R5 is the accident register copy issued by the Government Hospital, Pandalur. Ex.R6 is the confession statement of the deceased Saseelan. Ex.R7 is the arrest intimation. During the cross-examination RW2 admitted that the remand report Ex.R4 was prepared by him. RW2 also admitted that he did not mention in the report that that any injuries on the body of the said Saseelan. RW2 further admitted that he came out on bail on 21.02.2020. In Ex.R5 accident register copy issued by the Government Hospital, Pandalur, it is mentioned that on 18.02.2020 at about 04.15 PM he was assaulted by unknown persons by using rod, stick at Cherambadi and the same was informed to the police station also entered into the accident register and it was admitted by RW2. However, he replied that no FIR was registered by Cherambadi police on the information given by the hospital. RW2 denied the suggestion that the injuries found in Ex.P9 and Ex.R5 both are one and same. But however, he admitted that the injuries alone found in Ex.P9 and Ex.R5 is one and the same. RW2 admitted that he did not hear the conversation found in Ex.P2 Pen drive. RW2 further admitted that as per Ex.P1, Saseelan was admitted in the hospital on 23.02.2020 and later referred to Ooty hospital for further treatment on 29.02.2020 and later he died.

19. The admission of RW2 during his cross-examination is as follows:-
“Ϫj tH¡»‹ kDjhu® eh‹ gâah‰¿a fhy¤Âš ehfuh{ v‹gt® ÛJ xU tH¡F bfhL¤ÂUªjh® v‹whš rçjh‹. rh£Á j‰nghJ fhtš cjé MŒths® rªJU v‹gtçl« bfhL¤jjhf¡ TW»wh®.
vkrhM2 ciuahlèš ÏwªJnghd rÓy‹ v‹gt® ngÁajhf cŸsš vªjbthU fhtyç‹ bgaU« Ïl« bgwéšiy v‹whš rçašy. mt® rªJU v‹w cjé MŒths® bgaiu F¿¥Ã£LŸsh®. vdJ ã%gz th¡F_y¤Âš thŒ° bknr{ ciuahlyhf eh‹ F¿¥Ã£oU¥gš v®kDjhu®fŸ ahUila bgaiuÍ« F¿¥Ã£L TWéšiy v‹whš rçjh‹. Mdhš vdJ ã%gz th¡FKy« g¤Â 4š mªj rÓy‹ ahiu¥ g‰¿ F¿¥Ã£LŸsh® v‹W eh‹ F¿¥Ã£L T¿ÍŸns‹.
v‹ål« fh£l¥gL« krhM6, 1« v®kDjhu® v‹ål« bfhL¤j òfhuhF«. mªj òfhçš eh‹ vGÂa nk‰F¿¥Ãš njÂahdJ ÂU¤j¥g£L fhz¥gL»wJ v‹whš rçjh‹.
kDjhuç‹ kf‹ rÓy‹ Ïw¥gj‰F K‹ghf vªj ehŸ vªj neu¤Âš ifJ brŒa¥g£lh® v‹whš 18.02.2020 m‹W khiy Égfš 16.30 kâaséš ifJ brŒa¥g£lh®. vdJ Ãukhz g¤Âu¤Âš g¤Â 6š kDjhuç‹ kf‹ rÓy‹ 18.02.2020 m‹W khiy 4.20 kâ¡F v‹dhš ifJ brŒa¥g£lh® v‹W«, vdJ gÂYiuæY« mnjngh‹W T¿ÍŸns‹ v‹whš 16.30 v‹gJjh‹ rçahdJ MF«. Ãukhz g¤Âu¤ÂY«, gÂYiuæY« j£l¢R ÃiHahf m›thW cŸsJ.
v‹ål« fh£l¥gL« krhM9 Mtz« gªjYh® muR kU¤Jtkidæš rÓy‹ v‹gtU¡fhf bfhL¥g£l ÁiwthÁia gçnrh¤J tH§f¥g£l kU¤Jt¡ F¿¥ò v‹whš rçjh‹. mªj krhM9 kU¤Jt Mtz¤Âš Áiw¡fhtY¡F£gL¤j¥g£l rÓy‹ 18.2.2020 m‹W khiy 4 kâ¡nf gçnrhjid¡F£gL¤j¥g£lh® v‹whš mš m›thWjh‹ cŸsJ.
kDjhu® kfid eh‹ ifJ brŒj ÃwF kU¤Jtkid¡F« ÚÂKiw fhtY¡F« c£gL¤Jtj‰F 8 k‰W« 9« v®kDjhu®fshd õhí k‰W« nfhgy»UZz‹ tê¡fhtY¡F br‹wh®fŸ.
rÓyid tê¡fhtš brŒj 8 k‰W« 9« v®kDjhu®fŸ rÓyD¡F clš KGtJ« fha§fŸ ÏU¥gjhš Áiwæš vL¤J¡bfhŸs KoahJ vd ÂU¥Ã mD¥g¥g£l étu¤ij v‹ål« brh‹dh®fsh v‹whš m›thW brhšyéšiy. Mdhš mtU¡F fha§fŸ ÏUªjjhš Û©L« kU¤Jtkid¡F miH¤J¢ br‹wjhf brh‹dh®fŸ.”

20. The case of the Complainant is that his son Saseelan was brutally attacked by the Respondents police on 18.02.2020 and after the release from the prison he was admitted in various hospitals and finally without responding to the treatment he died on 02.07.2020. To prove his case the Complainant examined himself as PW1 and marked 11 documents. Ex.P1 is the discharge summary issued by the Government Hospital, Pandalur. In that discharge summary it is mentioned that one Saseelan aged about 28 years admitted in the hospital on 23.02.2020 as inpatient and discharged on 29.02.2020 and he was diagnosed by assault and then he was referred to the Government Hospital, Ooty for further management. Ex.P3 is the laboratory report issued by the Govt. Taluk Head Quarters Hospital, Sulthan Bathery Block Panchayath and the Ultrasound Abdomen & Pelvis report was also enclosed in Ex.P3. In that report it was stated that Saseelan was affected with Grade I fatty liver.

21. Ex.P4 is the discharge summary issued by DM WIMS Medical College & Hospital, Wayanad. In that document it is mentioned that the patient Saseelan was assaulted by police with PVC pipe over the chest, abdomen and back 20 to 28 days back and he was admitted in that hospital on 11.03.2020 and discharged on 16.03.2020. Ex.P5 is the referral slip issued by the Government Hospital, Pandalur on 30.06.2020. In that referral slip it is mentioned that Saseelan came for treatment for the history of severe abdominal pain, vomiting and difficulty in taking food and he was referred for further management to the higher medical centre. Another discharge summary dated 02.07.2020 and in that document it is mentioned that there was general surgery was done and Saseelan was admitted on 30.06.2020 and the patient was died due to cardiac arrest on 02.07.2020. Ex.P6 is the complaint given by the 1st Respondent to the 2nd Respondent. In his complaint he submitted that he came to know that one Saseelan published WhatsApp voice message on 15.02.2020 at about 16.56 hrs about him and other police officials and abused them in filthy language and he sought appropriate action against him and handed over the pen drive to the 2nd Respondent. The date was altered as 18.02.2020 in the endorsement made by 2nd Respondent in that complaint. Ex.P7 is the FIR registered by the 2nd Respondent and it is mentioned in the FIR that he received the complaint on 18.02.2020 at 13.00 hrs and registered the FIR at about 16.00 hrs. Ex.P8 is the remand report prepared by the 2nd Respondent.

22. Ex.P9 is the information received under RTI Act from the Superintendent of Prison, Central Prison, Coimbatore and the medical documents are enclosed with Ex.P9 issued by the Government Hospital, Pandalur. A perusal of the proforma for health screening of prisoners on admission to jail, it reveals that there was a health screening was conducted on Saseelan on 18.02.2020 at 04.00 PM at the Government Hospital, Pandalur. The medical records of the prisoner maintained in the Sub-Jail, Gudalur was also enclosed with Ex.P9 and it is mentioned in that document that at the time of admission of the prisoner Saseelan the injuries found on his back and two sides of buttocks along with bloodstained injuries and hence he was referred to the hospital through the same escorts. Later he was treated by the Doctors on subsequent dates. Ex.P10 is the 3rd page of the representation sent by the deceased Saseelan which was marked with objection by the Respondents side. Ex.P11 is the representation sent by the Complainant to the Superintendent of Police, The Nilgiris District. In that representation dated 07.07.2020 he has stated about the torture in the hands of the Respondents police and prayed for appropriate action on his complaint.

23. But the Respondents denied the entire allegations of the Complainant and the 1st & 2nd Respondents alone came forward to examine themselves as witnesses. The 1st Respondent marked 4 documents as Exs.R1 to R4. Ex.R1 is the Xerox copy of some WhatsApp messages. Ex.R2 is the CD which contains the alleged voice message of Saseelan against the policemen and the transcription was also filed by RW1. The CD Ex.R2 also heard and compared with the transcription. In the transcription the name of the 1st Respondent was not found anywhere and it was mentioned that Sub-Inspector of Police and not mentioning either the name of RW1 or the police officials. Ex.R3 is the FIR copy registered by the 2nd Respondent in Cherambadi PS Cr.No.39/2020. Ex.R4 is the remand report prepared by the 2nd Respondent and there is an endorsement made by the learned Judicial Magistrate that the accused produced on 18.2.2020 at 10.30 PM at my residence and grounds of arrest and legal aid explained and no complaints and no injury and remanded till 3.3.2020. In that endorsement no mentioning that the learned Judicial Magistrate saw the prisoner or enquired whether he was sustained any injuries on his body. RW2 marked three documents as Ex.R5 to R7. Ex.R5 is the accident register copy of Saseelan issued by the Government Hospital, Pandalur. In that document it is mentioned that he came with the alleged history of assault by unknown person by using rod, stick at Cherambadi on 18.02.2020 at 4.15 PM and he came to our GH on 22.02.2020 at 10.00 AM. Ex.R6 is the alleged confession statement of Saseelan. Ex.R7 is the arrest intimation signed by the arresting officer, the 2nd Respondent.

24. The 2nd Respondent in his counter statement as well as in the proof affidavit submits that the suspect Saseelan was arrested near Pandalur bus stop on 18.02.2020 at 04.20 PM and he was taken to the police station at 05.00 PM. But the during the cross-examination, the 2nd Respondent has stated that the time of arrest is 04.30 PM contradicting the time of arrest mentioned in his counter statement and the proof affidavit. Admittedly, the 4th & 5th Respondents secured the accused as per the instruction of the 2nd Respondent. The 5th Respondent has stated in his counter statement that as per the information given by one Shanu to the 4th Respondent, the 4th & 5th Respondents secured the said Saseelan at about 15.30 hrs and sent him to the police station in an auto along with 4th Respondents and two policemen of Devala police station and he followed the auto by his two wheeler and handed over the Saseelan to para PC.134 Amaran in the police station. So, there was a contradiction regarding with the time of arrest of Saseelan in between the 2nd Respondent and the 4th & 5th Respondents, who secured the said Saseelan. The 3rd 6th & 7th Respondents admitted in their counter statements that they were in the police station at the time of Saseelan kept in the police station. The 8th & 9th Respondents had stated in their counter statements that they took the accused person to the hospital and produced him before the learned Judicial Magistrate for remand as escorts.

25. In the arrest intimation Ex.R7, it was found that the date and time of arrest of Saseelan was mentioned as 18.02.2020 @ 16.30 hrs and the 2nd Respondent signed in that document in the column “Signature of Officer by whom the arrest was made.” But the 4th and 5th Respondents had, who took the accused Saseelan in Cherambadi PS Cr.No.39/2020 to the police station in an auto as instructed by the 2nd Respondent, stated in the counter statement that Saseelan was secured on 18.02.2020 at about 15.30 hrs. But the 2nd Respondent contradicted the statements of the 4th & 5th Respondent by saying in different manner that the time of arrest of Saseelan is 04.20 PM in his counter statement and proof affidavit and during his cross-examination he has stated that the time of arrest is 04.30 PM is only correct. So, there is suspicion they way of document field by the Respondents and their counter statements creates suspicion that whether the accused was arrested as stated by the Respondents.

26. Ex.P6 is the complaint given by the 1st Respondent to the 2nd Respondent. In that complaint though the 1st Respondent had stated that he came to know the alleged WhatsApp message circulation on 15.02.2020 at about 16.56 hrs, he lodged a complaint belatedly on 18.02.2020 and delay was not explained by him. However, without issuing any notice U/s 41-A of Cr.P.C. a mandatory provision to the said Saseelan, the Respondents police arrested him and remanded him. Ex.P9 is the prison document would show that Saseelan was sustained injuries on his body and because of refusal of prison authorities for admission of Saseelan and their instruction only he was taken to the hospital for treatment. But the Respondents police failed to take him to the hospital prior to the remand of Saseelan. So, the 2nd Respondent violated the mandatory provision of Section 54 of Cr.P.C. and he did not take any action to provide medical treatment to Saseelan before his remand even he was sustained injuries.
27. Ex.P2 Pen drive is the relevant document to prove the police excess in this case and it contains the conversation between the deceased and a social worker. The social worker interviewed the deceased Saseelan when he was in Ooty hospital. It reveal from the Ex.P2 that the deceased Saseelan was assaulted by the police in the police station and the way the Doctor in Pandalur without seeing him signed in the medical records on 18.02.2020 and he was threatened that he did not say anything before the learned Judicial Magistrate at the time of remand and subsequent incidents relating to the assault on his body that the police not only assaulted him in the buttocks but also in the penis and punched him with iron rod and his abdomen and Saseelan showed his injuries on his chest and also some septic on his buttocks.

28. The relevant portion of the conversation contained in Ex.P2 and the same in the transcription in 2nd clipping is as follows:-
“2nd Clipping
rÓy‹ : mt‹ bfhL¤j f«¥is‹L¡F uÓJ nf£f tªÂU¡fh‹. mt§f m«khΫ f«¥is‹L bfhL¤ÂU¡F. uÓj nf£L tªjJ¡F m¥ghitÍ« igaidÍ« mo¢ÁU¡Ñ§f. mZlä ói# ÏU¡»wJdhy mt® th£°m¥Ãš ngÁ£L nghæ£lh‹. _‹W eh‹ fê¤J Ão¢ÁU¡Ñ§f. gªjYhçš t¢Á Ão¢ÁU¡Ñ§f Ão¢Á£L nghdJnk ig¥ghy m¥go ngh£L mo¢ÁU¡Ñ§f. mJΫ mtid vY«Ãšyhk njhš Ïšyhk mD¥ÃUnth«. Ϫj nf°y cŸs mD¥ÃUnth«.
Åonah vL¥gt® : rç mo¢rh§f ig¥ ÏU«ò f«Ãahy mo¢rh§f mo¢R c‹id mt§fns bfh©L nghdh§fsh mbu°£ g©â.
rÓy‹ : mbu°£ g©â tªJ£L xU V£ilah xU fh‹°lß tªjh§f.
Åonah vL¥gt® : mt§f bfh©L nghdh§f m¥òw« Ïilæš £ß£bk©l vL¤jh§fsh.
rÓy‹ : ϧf bfh©L tªJ
Åonah vL¥gt® : neuh b#æY¡fh M°Ã£lY¡F bfh©L tªjh§fsh
rÓy‹ : m¥go g©zkh£lh§f m©zh ahiu Ão¢rhY« M°Ã£lš bfh©L tUth§f
Åonah vL¥gt® : mjjh‹ brhšnw‹
rÓy‹ : M°Ã£lš T¥Ã£L tu¥ngh Ϫj lh¡l® »£lna nfS§f ngrnt éliy. všyh« fbu¡lh ÏU¡F‹D o¡ g©âah¢R, vd¡F lh¡l® vJÎnk gh®¡fiy back side front side vJÎnk gh®¡fiy všyh« fbu¡lh ÏU¡FD o¡ g©âah¢R.
Åonah vL¥gt® : xU br¡f¥ò« Ïšyhk g©â£lhU
rÓy‹ : o¡ g‹å£L #£{»£l nghah¢R nkny mtU£l nghdÎlnd c‹ ng® v‹d¥gh‹D nf£lhU rÓy‹ rh® m¥gh ngU kÂaHf‹, Ú ngÁåah, Mkh§f Iah eh‹ ngÁnd‹. m›tsÎ jh‹ Iah eh‹ t©o¡F V¤Â£L nghnw‹D g¡f¤Âš ÏUªj V£ilah brh‹dhU. Iah eh‹ c§f»£l ngrD«D brh‹nd‹. mJ¡FŸs Ú Ï§f th‹D V£ilah ÏG¤J£L tªÂU£lhU. ÏG¤Â£L tªjÎlnd r¥ b#æY¡F bfh©L nghŒ£lh§f. r¥ b#æšy v‹d g©Qth§f‹dh body fullM check g©Qth§f, shirtI fH£l brhšYth§f. Ïbjšyh« gh®¤J£L cŸns vL¡f kh£nl‹ v‹W brhšè£lh§f. br¤J »¤J nghæ£lh‹dh eh§f bghW¥ò »ilahJ. mjdhš Ú§f nky Gudalur GH nghæ£L th§»£L th§f. v§f§nf block MæU¡F v‹bd‹d MæU¡F‹D th§»£L th§f. th§»£L th§f‹D brh‹dJ« nky TlYh® GH T¥Ã£L nghæ£lh§f. TlYh® GH nghdJnk Ïj fh£odh§f. v‹d brh‹dh§f‹d gªjYh® GHy Ïbjšyh« kh®¡ M»æU¡F eh§f nghl kh£nlh«D kWgoÍ« eh§f r¥ b#æš tªjh¢R. kWgoÍ« r¥ b#æšy xU neh£ bfhL¤jh§f entry note mªj entry notey vG th§»£L th§f‹D brhšè nkny Vnjh vG¡ bfhL¤jh§f. TlYh® GHš všyh¤ijÍ« fH£l brh‹dh§f. všyh¤ijÍ« kh®¡ g©â£lh§f. kh®¡ g©âaJ« Ït§f v‹d g©â£lh§f‹dh clnd ÑnH tªjh¢R. ÑH r¥ b#æšy tªÂ£L ie£L 3.30, ie£L 2.30/3 kâ ÏU¡F« r¥ b#æš cŸs V¤Â£lh§f. mL¤j ehŸ fhiyæy lh¡l® tªÂ£lhU. mt® tªJ v‹bd‹d g©zh§f‹D nf£lhU, eh‹ brh‹nd‹ gho všyh« gh®¤jhU. £ß£bk‹£ gh®¤jh§f cŸnsna. eh‹ brh‹nd‹ rh® vd¡F Ïu©L _‹W ehŸy bgæš tªÂU« eh‹ Ï¥g M°Ã£lš nghæ£ldh vd¡F bgæš »il¡fhJ.
Åonah vL¥gt® : ¢nr j¥ò g©Ù£o§f m§f nghÄ° ghJfh¥Ãnyna £ß£‹bk‹£ 2tJ vébl‹°.
rÓy‹ : eh‹ m¥òw« bgæšy tªÂ£nl‹. éahH¡»Hik ie£L
Åonah vL¥gt® : bgæšy tªjh¢R¥gh, Ï¥g tªÂ£L m£ä£ Mæ£l Ï¥g Ϫj lh¡l® v‹d brhšwhU
rÓy‹ : Ϫj lh¡l® tªJ v¡°nu vL¡fD« cŸs všyh« FullM Óœ t¢ÁU¢R
Åonah vL¥gt® : m¥g v¥go o¡ g©â bfhL¤jhU x‹D« Ïšiy‹D brhšè
rÓy‹ : mtnu Ï¥g mªj lh¡l® mjdhy jh‹ Ï¥g gaªÂU£oU¡fhU
Åonah vL¥gt® : mjh‹ nf£»nw‹ lh¡l® v‹d mo¥gilæy bfhL¤jhU
rÓy‹ : mjjh‹ mtU nf£»whU, j«Ã m‹id¡nf v§»£l xU th®¤ij brhšèæU¡fyh«y, nghÄrh® v‹d ngr é£lh§fsh, xU ãäl« ÑnH c£fhu Koaiy‹D xU bgæ‹ »šy® nf£nl‹ mjTl v‹id th§féliy
Åonah vL¥gt® : všy moÍ« buttocksy jhdh
rÓy‹ : Ïšy cæ®ehoÍY« mo¤jh®fŸ, f«Ã it¤J F¤Âajhf motæ‰iw bjh£L fh©Ã¤J¡bfh©nl rÓy‹ brhš»wh®. Ïånkš fšahz« g©z¡TlhJ, Ïnjhl c£fhu¡TlhJ, Ïånkš v¥go Ú kâ mo¡»w v‹W brhšè¡ bfh©nl j‹ Ë k©ilæš V‰g£l fha¤ij fh£L»wh®.
Åonah vL¥gt® : iu£L
rÓy‹ : jiyæy m¥gona gl gl vd f«Ãahš mo¤jh®
Åonah vL¥gt® : õ&éy mo¢rJ v§f v‹W nf£lÎl‹
rÓy‹ : j‹ beŠÁš V‰g£l fha§fis fh£L»wh®. bjh£L¥ gh®¤jhš ŧ»æU¥gij fh£L»wh®. Ëd® j‹ g£l¡Áš Óœ Ão¤ÂU¥gjhf brhšè fh£L»nwh®. gh¤%« nghy, ehY ehŸ M¢R. miu Ï£è¡F nkš rh¥Ã£lh thªÂ tUJ. nkhõ‹ nghf kh£nl§FJ.
rÓy‹ : Ï¥go clnd c£fh®ªnjh«dh ÂU«g KoahJ.
Åonah vL¥gt® : òçÍJ òçÍJ
rÓy‹ : Ϫj éuiy cil¢R é£L£lh§f
rÓy‹ m«kh : Ϫj éuiy cil¢R é£L£lh§f v‹W brhšè fhš bgUéuiy ÏUtU« fh£L»‹wd®. v¥go cil¢R é£LU¡fh§f‹D ghU§f. V‰fdnt Mgnur‹ Md fhš
rÓy‹ : eh‹ c£fh®ªJ ói# g©z¡ Tlhjh«
rÓy‹ : v§f m¥ghit mo¢rnghJjh‹
rÓy‹ m«kh : mtU¡F beŠR tè tªÂU¢R
rÓy‹ : Ϫj éuiy cil¢R é£L£lh§f
rÓy‹ : rh® fhtšJiw c§fŸ e©g‹D brhšÖ§f, Ï¥go ngh£L mo¡»Ö§f, Ú v‹dlh %š° ngÁ¿ah‹D brhšè mo¢R m¥gh ÑnH éGªjJdhy m«khit M°Ã£lš T£o£L nghf¢ brh‹nd‹.

29. The Ex.P2 conversation substantiated by the medical documents filed by the Complainant. Ex.P4 is the discharge summary issued by the DM WIMS Medical College & Hospital, Wayanad and in that document it is mentioned that the history of assault by police with PVC pipe over the chest, abdomen and back and the same was also not confronted by the Respondents side. So, it is the clear case of the Complainant that his son was assaulted by the Respondents police in brutal manner and caused injuries to him and without giving any medical treatment he was produced for remand and after came out on bail he was taking treatment in various hospitals and surgery was also done and without responding to the treatment his son Saseelan was died on 02.07.2020 and his son was died due to the assault of the Respondents. A perusal of the documents would show that the role of the 1st & 2nd Respondents is the main cause for the assault and death of the deceased Saseelan. The Respondents No.3 to 9 admitted that they were present on the day of 18.02.2020 at Cherambadi police station. But they had filed contradictory counter statements regarding with the incident. Serious allegations made against the 1st & 2nd Respondents and the Complainant submits that his son was brutally assaulted by all the Respondents who were present in the police station on the fateful day. Except the 1st & 2nd Respondents, other Respondents did not come forward to file proof affidavit and examined themselves as witnesses except filing the counter statements. Though the Respondents No.3 to 9 are the competent persons to speak about the incident, they failed to enter into the witness box and subjected to cross-examination. Therefore, adverse inference has to be taken against the Respondents No.3 to 9.

30. In Ex.P9 proforma for health screening of prisoners on admission to jail, the Medical Officer of Government Hospital, Pandalur, mentioned that Saseelan was produced before him on 18.02.2020 at 04.00 PM for medical examination and the same would prove that Saseelan was arrested well before the time of arrest as stated by the Respondents. It was confronted by the Complainant’s counsel to RW2 and he admitted that there was an entry in Ex.P9 series that Saseelan was produced for medical examination on 18.02.2020 at 04.00 PM. So, it is clearly proved that Saseelan was secured by the police well before the time mentioned by the Respondents and the allegation of the Complainant that his son was taken to the police station on 17.02.2025 at about 04.00 PM is found true. So, this Commission is of the considered view that the Complainant son was detained in the police station in illegal manner and all the Respondents assaulted him in brutal manner and caused injuries to him and because of the injuries sustained by him he was taken treatment in various hospitals and surgery was done but without responding to the treatment given to him he died on 02.07.2025 and hence all the Respondents are responsible for the death of the Complainant’s son Saseelan.

31. It is essential to mention the Paragraph 25 of the judgment of the Hon’ble High Court of Madras reported in 2002(1)MWN(Cr.)237 is as follows:-
“25. Custodial crimes, as the dailies and monthly magazines give out the wild truth of atrocities of police due to the excesses exerted upon poor and hapless closely exhibit the violation of human dignity and destruction of human personality. There is no greater affront to human dignity than torture and inhuman treatment, which need to be condemned in strongest terms.”
It is also essential to mention Paragraph 25 of the judgment of the Hon’ble Supreme Court of India reported in 2012(4) CTC 781.
“25. In Bhim Sing, MLA v. State of J & K, 1985(4) SCC 677, this Court expressed the view that the Police Officers should have greatest regard for personal liberty of citizens as they are the custodians of law and order and, hence, they should not flout the law by stopping to bizarre acts of lawlessness. It was observed that custodians of law and order should not become depredators of civil liberties, for their duty is to protect and not to abduct.”
The above ruling is also squarely applicable to the case on hand.

32. Considering the oral and documentary evidence adduced by both the parties and the arguments of both the parties and the report of the Investigation Wing of this Commission, it is established that the Respondents assaulted the Complainant’s son Saseelan in Cherambadi police station in brutal manner and without providing any medical treatment he was taken to the prison and as per the instruction of the prison authorities they had taken him to Gudalur Government Hospital and the entries recorded in the prison register would show that Saseelan was subjected to torture in the hands of the Respondents. Ex.P2 conversation found in the Pen drive of Saseelan inspires the confidence of this Commission about the ordeal meted out by himself in the hands of the Respondents police would speaks in volume. All the Respondents are involved in the incident whether they directly involved or not they covered the incident in total and they admitted that they were available in the police station on 18.02.2020. But they did not come forward to speak truth and they attempted to cover up the assault in the police station. Therefore, this Commission is of the considered opinion that the Respondents are liable to the death of the deceased Saseelan and they had violated the human rights of the deceased Saseelan and hence they are liable to pay compensation to the Complainant. This point is answered accordingly.

33. Point No.2 :- This Commission has held that the Respondents had violated the human rights of the deceased Saseelan. It is now a well accepted proposition in most of the jurisdiction, that monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants. Hence this Commission is of the considered view that the Complainant is entitled to receive compensation for the violation of human rights from the Respondents and fixing of Rs.7,50,000/- as compensation to the Complainant would be fair and reasonable and would meet the ends of justice. Hence this Commission holds that the Complainant is entitled to get Rs.2,00,000/- each from the 1st and 2nd Respondents (Rs.2,00,000 + 2,00,000 = Rs.4,00,000/-) and Rs.50,000/- each from the Respondents 3 to 9 (Rs.50,000×7=Rs.3,50,000) as compensation and to initiate departmental action against all the Respondents.

34. In the result, this Commission recommends as follows:-

(i) The Government of Tamil Nadu shall pay a compensation of Rs.7,50,000/- (Rupees Seven Lakhs, Fifty Thousand only) to the Complainant G.Mathialagan, S/o Govindan(Late), residing at No.5/312B4 Pathirimoola Village, Moonanadu Post, Pandalur Taluk, The Nilgiris District, within one month from the date of receipt of a copy of this Recommendation and the Government of Tamil Nadu may recover Rs.2,00,000/- each from the 1st & 2nd Respondents (Rs.2,00,000+2,00,000 = Rs.4,00,000/-) and Rs.50,000/- each from the Respondents 3 to 9 (Rs.50000×7=Rs.3,50,000/-) as per the rules.
(ii) This Commission also recommends to initiate disciplinary action against all the Respondents as per the Rules.
Sd/-
MEMBER
Complainant Side Witnesses :
PW1 Thiru G.Mathialagan

Complainant Side Documents :

Ex.P1 29.02.2020 Copy of discharge summary of Saseelan.

Ex.P2 —- Pen drive with transcription.

Ex.P3 09.03.2020 Copy of Laboratory Report and Scan Report of Saseelan.

Ex.P4 16.03.2020 Copy of discharge summary of Saseelan.

Ex.P5 30.06.2020 Copy of referral slip.

Ex.P6 18.02.2020 Copy of complaint given by the 1st Respondent.

Ex.P7 18.02.2020 Copy of FIR No.39/2020 of Cherambadi PS.
Ex.P8 18.02.2020 Copy of remand report.

Ex.P9 26.07.2024 Copy of medical reports of Saseelan got through RTI Act.

Ex.P10 28.02.2020 Copy of complaint given by Saseelan (3rd page only).

Ex.P11 07.07.2020 Copy of complaint given by the Complainant.

Respondents Side Witnesses :

RW1 Thiru M.Chandru

RW2 Thiru A.Anandavelu

Respondents Side Documents :

Ex.R1 — Xerox copy of WhatsApp deleted message.

Ex.R2 — CD along with transcription.

Ex.R3 18.02.2020 Copy of FIR No.39/2020 of Cherambadi PS.

Ex.R4 18.02.2020 Copy of remand report.

Ex.R5 22.02.2020 Copy of accident register of Saseelan.

Ex.R6 18.02.2020 Copy of confession statement of Saseelan.

Ex.R7 18.02.2020 Copy of arrest intimation.

Sd/-
MEMBER

To

The Principal Secretary to Government
Home, Prohibition and Excise Department
Secretariat
Chennai – 600 009
Copy to

(1)Thiru G.Mathialagan, S/o Govindan(Late), No.5/312B4, Pathirimoola, Moonanadu Post, Pandalur Taluk, The Nilgiris District-643 253.

(2)Thiru M.Chandru, S/o Mani, Sub-Inspector of Police, No.202 Kozhinchikadu, Kongarpalayam, Erode District.

(3)Thiru A.Anandavelu, S/o Arthanari, Inspector of Police, No.109 Vedigoundar Street, Puthumariamman Koil, Ponnammapet, Salem Dt.

(4)Thiru Prabakaran, Head Constable 1303, Nelakottai Police Station, The Nilgiris District.

(5)Thiru Jayaraj, PC.56861, K7 ICF Police Station, Chennai-600038.

(6)Thiru Sujith Noble, PC.3259, Armed Force, Kanyakumari District.

(7)Thiru M.Muthukrishnan, PC.441, Railway Police Station, Egmore,
Chennai-600008.

(8)Thiru M.Sulthan Allavudin, PC.58345, Police Control Room, Egmore,
Chennai-600008.

(9)Thiru Shaji, SSI(HC.619), Ambalamula Police Station, The Nilgiris Dt.

(10)Thiru Gopalakrishnan, PC.2154, Fisheries Law Enforcement Division, Ramanathapuram.

Mmk 10.12.2025
//BY ORDER//
Assistant Registrar