Alter custodial death to murder: HC to police

MADURAI: The Madurai HC bench directed the Kumbakonam East Police to alter the custodial death case filed against three jailors accused of beating an inmate to death in 2019 to murder case under section 302 of IPC.

The court passed the orders as the accused jail staff - Ilayaraja, First Grade Warden, Vairamoorthi, Grade II Police and Sureshkumar, Assistant Jailor of the Thanjavur prison - filed an anticipatory bail petition.

The case relates to the death of a remand prisoner Saravanan, who was allegedly beaten to death by jail staff. According to police, Saravanan, an epileptic and a drug addict, who was remanded for causing nuisance in public and criminal intimidation, was admitted to Kumbakonam GH on June 7, 2019, and later shifted to Thanjavur Medical College Hospital where he succumbed to injuries. The court directed the original complainant, the Superintendent of Kumbakonam sub-jail, to alter the FIR by invoking section 302 of IPC, which deals with murder. The court found it inadequate to deal with the accused jailors under sections dealing with custodial death.

The judges went by the post-mortem report which cited that the death was caused due to the injuries sustained by the prisoner on his stomach and all over the body. The report also noted a blood clot in his stomach. It was alleged that he died due to injuries sustained in an attack.

Counsel of the petitioners, jail staff seeking anticipatory bail, stated that the jailors while receiving the deceased found some injuries, due to which he suffered epilepsy and died. But the court refused to buy into their line of defence.

The Madurai HC Bench took a serious exception to various lapses in the case as the police inspector concerned altered the offences only under Sections 166B, 217, 304(2) and 342 of IPC and filed the final report only on April 19, 2023, despite the Government passing an order on September 15, 2021, for appropriate action.

The court took note of the fact that the Inspector did not take steps to secure the petitioners, filing chargesheets claiming that they were absconding while they were still serving duty as wardens and constables of the prisons department.

“It’s very unfortunate to state that though there were specific allegations and evidence on record to alter the offence into Section 302 of IPC, the Inspector failed to act appropriately,” the court observed.

Hence, the court ordered altering the FIR to under Section 302 (murder) of IPC and rejected the plea to grant anticipatory bail.