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(Jayaraj- Bennix Custodial Deaths) Prima Facie Material for Murder Case Under 302 IPC against Sathankulam Police: Madras High Court
The Madras High Court on Tuesday expressed the view that this “would be prima facie enough to alter the case to one under Section 302 IPC against the Sathankulam policemen who were actively involved in the investigation of the case (against the father-son duo)". Looking at the ante-mortem injuries found on the bodies of Jayarag and Bennix along with the statement in the Judicial Magistrate No. 1, Kovilpatti, including the statement of the Head constable Revathy, Santhankulam Police Station who revealed the secret on the wrongdoer police personnel.The court observed that the Sathankulam Police Station was attempting to destroy the evidence concerning the custodial deaths of Jayaraj and Bennix and passed an order to the Deputy Superintendent of Police, CB-CID, Tamil Nadu to take charge of the investigation. A bench of Justice P N Prakash and B Pugalendhi observed that the Sathankulam Police Station were causing disappearance of evidence taking advantage as the investigation of the case is in fictitious place.
On Monday the HC Madhurai Bench initiated a suo moto contempt proceedings against three police officers for obstructing the HC ordered injury by Judicial Magistrate into the horrific custodial deaths of Jayaraj and Bennix in Sathankulam, Tamil Nadu. The court was based on the report by the Judicial Magistrate, Kovilpathi who is in charge of conducting the enquiry under Section 176(1) (1-A) Cr.P.C against Thoothukudi ASP D Kumar, DySP C Prathapan and one police constable Mahajan. The court also observed that in a case of physical violence zeal in the investigation is the need of the hour. “We are aware of the legal position that in the name of monitoring the case, we have no authority to direct how the investigation should be carried on. However, on account of the stalemate that has occasioned in the investigation due to the request made by the State Government for C.B.I. investigation, we are constrained to step in and fill up the vacuum to ensure that precious evidence does not get dissipated", observed the bench.
