M.SIVAJOTHI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner seeks transfer of investigation in Crime No. 322 of 2017 pending on the file of Melur Police Station. The defacto complainant in this case is one Kathiresan S/o. Rajapandiyan, Rajapalayam. According to him, he was returning from Chennai to his native place along with Kalidass in a bike bearing registration No. T. N. 84 A 4091. The vehicle was being ridden by Kalidass. On 24. 03. 2017 at about 05. 30 a. m. , when they were coming in the highway, the vehicle hit the median and both of them fell down. Kalidass suffered head injury while the defacto complainant/Kathiresan is said to have suffered minor laceration. Kalidass as well as the defacto complainant were rushed to Melur Government Hospital. Kalidass died en-route.

(2.) The said Kalidass is none other than the son of the petitioner herein. Sivajothi is working as Thasildar in Virudhunagar. Her parents hail from Mugavur Village, Rajapalayam Taluk. Both the parents were afflicted with cancer and they were taking treatment in Chennai. Their house kept under lock and key and it was accessed by the children of the petitioner herein. In the month of May 2017, it came to be known that the jewels kept in the locker in their native place had been illegally removed and the same had been pledged with a certain financial institution. Therefore, the petitioner lodged a complaint with Thalavaipuram Police Station leading to registration of Crime No. 202 of 2017 for the offences under Section 380 of I. P. C. The defacto complainant in Crime No. 322 of 2017 is figuring as the sole accused in the said FIR. In the investigation, it has been revealed that Kathiresan had pledged the jewels belonging to the petitioner's family. Therefore, the petitioner is suspecting that Kathiresan would have engineered the death of her son Kalidass and that is why, she wants transfer of investigation in Crime No. 322 of 2017.

(3.) This Court called upon the learned Government Advocate (Crl. Side) to file a status report through the jurisdictional Deputy Superintendent of Police. The D. S. P. , Melur, has filed a detailed status report.