Death Of Dalit Youth In Tamil Nadu: 'Prima Facie Indicates Suicide, Investigation So Far Satisfactory': Madras High Court Refuses Case Transfer To CBI

While dismissing the writ petition filed by the brother of deceased youngster, Justice G.R Swaminathan also remarked that it was for the Investigating Officer to find out if the death of the deceased youngster was a result of abetment or instigation to commit suicide by someone else.

"The only question that arises is whether the investigation is progressing on the right lines or not. The CCTV footage produced by the Investigating Officer shows that the deceased has gone to a pesticide shop and bought poison. Thereafter, he is seen as going to a spot where he was found dead later. This footage has been shared with the petitioner counsel as well. The evidence prima facie indicates suicide. Whether the suicide has been the result of instigation or abetment by someone else is for the Investigating Officer to find out.", the court noted in the order.

Suman Anand, the petitioner, had approached Madras High Court last month alleging caste-based murder of his brother. According to the petitioner, the deceased was in love with a girl belonging to one of the dominant castes. Since the youngster belonged to Hindu Scheduled Caste Sambavar community, the relationship between the boy and the girl was not approved by the girl's family, the petitioner had submitted before Madras High Court. As a result, it was the case of the petitioner that the girl's family members were involved in the death of his brother Suresh Kumar and it was not merely a suicide.

Today, while pronouncing the order, the court observed the CCTV footage collected clearly show that the petitioner bought pesticide from Ponraj Agro Farm and proceeded to the spot where his body was found later on 7th November, 2021. The court also answered positively on the question of whether the investigation was moving forward in the right path. Therefore, there was no necessity to transfer the case file to the Central Bureau of Investigation (CBI).

Bothapandi Police had previously registered Cr. No. 395/ 2021 after the death of the deceased under various Sections of IPC and Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. On 16^th November, the court had taken note of the CCTV footage produced by the investigating officer that was shared with the petitioner brother as well. The Additional Public Prosecutor had also produced the autopsy report on the last occasion.

However, the petitioner insisted that a status report on the investigation be filed for which the APP sought additional two weeks time was sought. Hence, the court allowed the investigating officer time till 29^th November and also directed the Inspector of Police, Bothapandi Police Station, to ensure the physical safety of the deceased youngster's family.

The court also observed that it would have entertained the writ petition and adjourned it if there was the slightest merit in the matter. However, the evidence so far has disproved the contentious matter presented in the petition, the court noted.

Case Title: Suman Anand.S v. The State Of Tamil Nadu Represented By The Principal Secretary & Others

Case No: WP(MD)/20506/2021 (Gen. Crim.)

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