A.GURUVAMMAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition is filed for a direction to the second respondent, namely, Inspector of Police, Theppakulam Police Station, Madurai, to register the First Information Report against the police personnel involved in the alleged encounter on 16/2/2010 based on the complaint given by the petitioner to the second respondent on the same day in C.S.R.No.102 of 2010 and direct the respondents to entrust the investigation to an independent investigation agency, like CBI and for other orders.

(2.) The case of the petitioner is that in the wee hours, on 14/2/2010, six policemen, in plain clothes, entered her house enquiring about the whereabouts of her son - Murugan @ Kallumandaiyan, aged 26 years. They took her, one Mani, her daughter Dhanalakshmi, her sonin-law Arulanandam @ Selvam, and her grandson Kalaivendan, in a police vehicle to the office of the Assistant Commissioner of Police, Crime Branch and they were assaulted and tortured. Later they took all of them to Thimmapuram Village, near Kariapatti and kept them in a van in a place called "Pirakaraikadu" and abused and beat them till 10.00 O' clock in the morning. Upon information, her son Murugan @ Kallumandaiyan surrendered himself before the police party and they took him in their custody. After that, all the others, including the petitioner was dropped at the South Gate Police Station, after getting their signatures in some papers.

(3.) The first information report is registered on complaint by the Police Officer concerned. This apart, an additional typed set of papers is also filed, wherein, the counter affidavit filed by the said S.Velladurai, in a connected Crl. O.P.(MD)No.2078 of 2010 is also produced. As per the first information report as well as the above counter affidavit, it is the case of the said Mr. Velladurai that on the fateful day, ie.16/2/2010 at about 12.15 hours, he was in the vehicle checkup, in the usual course and at that time, two persons came from East to Madurai in a Hero Honda bike, the Sub Inspector of Police - Mr Thennarasu along with 617- Head Constable - Mr Ganesan intercepted the Hero Honda bike, which came towards Madurai. The rider of the above bike lost his control and slipped down on the spot of the check post. The Sub Inspector of Police - Mr Thennarasu came to know that the slipped persons were the most wanted criminals, namely, Kaviarasu @ Kaviarasan and Murugan @ Kallumandaiyan try to catch hold of the accused persons. The above said two accused persons threatened the police and the said Kaviarasu @ Kaviarasan attacked the Sub Inspector of Police with Aruval. Accordingly, the Sub Inspector of Police fell down with injuries. Mr Velladurai heard the sounds and tried to safeguard the Sub Inspector of Police. The said Kaviarasu @ Kaviarasan, tried to attack him with Aruval. Therefore, to save his own life and that of the Sub Inspector of Police, he was forced to take the gun out and made a warning to the said Kaviarasu @ Kaviarasan. But, he never heeded. Therefore, to save himself and the policemen, he opened two rounds of fire against Kaviarasu @ Kaviarasan and the accused fell down.