[Cites 1, Cited by 0]
Madras High Court
Prakasam vs The Home Secretary on 12 March, 2026
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
WP Crl. No. 563 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
WP Crl. No. 563 of 2026
Prakasam
Petitioner
Vs
1.The Home Secretary,
Office of the Home Secretary,
Govt. of Tamil Nadu, Secretariat,
St.George Fort,
Chennai - 600 009.
2.The Director General of Police,
Office of the Director General of
Police,
Head of Police Force,
Govt. of Tamil Nadu,
Dr.Radhakrishana Salai,
Mylapore, Chennai - 600 004.
3.The Inspector General of Police,
Office of the Inspector General of
Police,
Central Zone, Trichy - 620 020.
4.The District Collector,
Office of the District Collector,
Ariyalur - 621 704.
5.The Superintendent of Police,
Office of the Superintendent of
Police,
Ariyalur - 621 704.
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WP Crl. No. 563 of 2026
6.The Dean
Office of the Dean,
Government Medical College
Hospital, Ariyalur - 621 704.
7.The Deputy Superintendent of Police,
Office of the Deputy Superintendent
of Police, Ariyalur - 621 704.
8.The Inspector of Police,
T.Palur Police Station,
Ariyalur District - 612904.
9.Chief Medical Officer (CMO)
Government Hospital, T.Palur,
Ariyalur District.
Respondents
PRAYER
This writ petition is filed under section 226 of the Constitution of India seeking
to issue a WRIT OF MANDAMUS directing the 6 th respondent to forthwith
furnish the complete postmortem report and the entire videography recording of
the autopsy conducted on 02.03.2026 at Ariyalur Government Medical College
Hospital in respect of the death of the petitioner’s brother Selvakumar in
compliance with the directions issued by this court in Santhosh Vs. District
Collector, Madurai and to continue to keep the body of Selvakumar in the
mortuary till the petitioner gets back within 48 hours of receiving the
postmortem report and the video footage of the postmortem and
directing the 8th respondent to furnish the audio and video footages available at
T.Palur police station for the period from 28.02.2026 at 05.00 p.m to 01.03.2026
at 05.00 a.m. and consequently direct the respondents 2,3 and 5 to collect the
said CCTV footage from the 8th respondent and to preserve the same so as to
prevent destruction or overwriting of material electronic evidence connected
with the custodial torture and subsequent death of his brother Selvakumar
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WP Crl. No. 563 of 2026
pending disposal of the writ petition and
directing the 5th Respondent to register a case under the appropriate provisions
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 and relevant provisions of the Bharatiya Nyaaya Sanhita against the
Inspector of Police, T.Palur Police Station, and all other police personnel
concerned in the custodial torture, caste-based abuse, and abetment of suicide of
my brother Selvakumar, and to ensure that the investigation is conducted by a
competent officer in accordance with the provisions of the SC/ST POA, pending
disposal of the Writ Petition and consequently pass such further or other orders
as this Hon’ble Court may deem fit and proper in the circumstances of the case.
For Petitioner: Mr.Henri Tiphagne
For Respondents: Mr.Leonard Arul Joseph Selvam,
Addl. Public Prosecutor
for RR2,3,5,7 and 8
ORDER
The petitioner, who is the brother of the deceased Mr.Selvakumar, has
filed this writ petition seeking for a direction to the authorities concerned to
furnish CCTV footage available at T.Palur Police station for the period from
28.02.2026 at 05.00 p.m. to 01.03.2026 at 05.00 a.m. and also to furnish the
postmortem report and the entire videography recordings of the autopsy
conducted on 02.03.2026 at the Ariyalur Government Medical College Hospital
in respect of the death of his brother Selvakumar and also to furnish the
postmortem report and the entire videography recording of the autopsy and also
to register a case under the appropriate provisions of the Scheduled Castes and
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Scheduled Tribes (Prevention of Atrocities) Act, 1989 and relevant provisions of
the BNSS against the police personnel concerned with the case and to ensure
that the investigation is conducted in accordance with law.
2.Mr.Henri Tiphagne, learned counsel on record for the petitioner
appeared before this court through video conferencing platform. Mr.Leonard
Arul Joseph Selvam, learned Additional Public Prosecutor takes notice for
respondents 2,3,5,7 and 8.
3.The learned counsel for the petitioner submitted that the petitioner
belongs to Hindu Adi Dravidar community. The petitioner’s brother was a daily
wage worker and was the sole breadwinner of the family. He is survived by his
wife Ms.Kalaiarasi and speech impairment minor daughter Ms.Sanjana, who is
seven years. The petitioner was informed by his brother that on 28.02.2026 at
about 05.30 p.m., his brother was accosted by Mr.Sikandar Basha, Inspector of
Police, T.Palur Police station along with three other police personnel who had
come in the police vehicle. Therefore, the brother of the petitioner stopped his
Scooty pep two wheeler bearing registration No.TN 67 AK 2971. The said
Inspector of Police enquired him and abused the petitioner’s brother by using
unparliamentary words for consuming liquor and driving the two wheeler and
thereafter, the police have removed the key from his two wheeler and have
snatched away his mobile phone. They informed the petitioner’s brother to
come to the police station to get back his mobile phone.
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4.It is further submitted by the learned counsel for the petitioner that the
petitioner’s brother Selvakumar went to the police station at about 06.30 p.m.
The petitioner’s brother was tortured, insulted and humiliated and he was also
physically assaulted. The petitioner’s brother was forced to write a statement
admitting that he had driven the two wheeler in a drunken stage. The
petitioner’s brother called the petitioner around 07.40 p.m. and informed him
about the incident. Thereafter, when the petitioner was trying to contact his
brother between 07.50 p.m and 08.50 p.m., but he has not answered. Finally, at
about 08.53 p.m., the petitioner’s brother answered his call and informed that he
had come out of the police station and was walking 50 meters away from the
police station. When the petitioner had gone and met him, he noticed swelling
on knees, neck and right thigh. The family members had consoled him, took
him to the house and asked him to take rest. But unable to bear the humiliation
and the cruelty suffered, the petitioner’s brother had committed suicide by
hanging. Later, his body was brought down and taken to the Government
Hospital, T.Palur, but he was declared dead. Thereafter, they have taken the
dead body to the T.Palur police station to give a complaint. It is further
submitted that a case in crime no.81 of 2026 under section 194(1) of the BNSS
was registered but not a case under section 196 of BNSS. On 01.03.2026 at
about 03.30 a.m., the dead body of the petitioner’s brother was taken in an
ambulance to the Ariyalur Government Medical College Hospital and the
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postmortem was conducted on 02.03.2026 at about 10.30 a.m.
5.According to the learned counsel for the petitioner, it is a custodial
death and that the directions given in Santhosh Vs. State of Tamil Nadu [W.P.
(MD)No.12608 of 2020] have not been followed. As per the directions given in
that case, the autopsy report should be prepared expeditiously and handed over
to the investigating officer in that case, so that the final report shall be filed
without delay. The copy of the autopsy report as well as the video should be
simultaneously given to the legal heir or the representatives of the family of the
deceased by the Deans of the Medical College hospitals where such
postmortems of custodial deaths are actually conducted. Hence, the present writ
petition has been filed.
6.The learned Additional Public Prosecutor appearing for the respondents
police authorities submitted that initially, a case in Crime No.81 of 2026 was
registered under Section 194(1) of BNSS and later the case has been altered to
section 196 of BNSS and that the alteration report was sent to the Judicial
Magistrate No.1, Jeyamkondam. It is further submitted that the Chief Judicial
Magistrate, Ariyalur has nominated the Judicial Magistrate No.1, Jayankondam
to conduct inquest. The Inspector of Police, T.Palur Police station was required
to produce the CCTV footage covering the entire ingress and egress of the
police station premises for the intervening period from 28.02.2026 to
01.03.2026. The learned Additional public prosecutor has submitted that the
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CCTV footage of the police station pertaining to that period along with the
CCTV recordings of the postmortem with the postmortem report were collected
and handed over to the Judicial Magistrate No.1, Jayamkondam. Therefore, it
is submitted that the petitioner can very well collect the video footages of the
police station and the postmortem recordings from the Judicial Magistrate No.1,
Jayamkondam. The learned Additional Public Prosecutor submitted that the
dead body of the deceased was kept in the mortuary and keeping the dead body
in the mortuary would only lead to further law and order problem and therefore,
after getting the CCTV footages, as aforesaid, the petitioner can collect the dead
body for performing the final rites of the deceased. It is further submitted that
after getting the inquest report, the appropriate decision would be taken with
regard to the further investigation in this case in accordance with law.
7.The learned counsel for the petitioner, on instructions, submitted that
once the autopsy report along with the video recordings and the CCTV footages
of the police station during the relevant period are handed over to the petitioner,
he would immediately collect the dead body of his brother from the government
hospital and would perform his final rites in a peaceful manner without creating
any law and order problem. The learned counsel submitted that the
apprehension of the police about the law and order problem is unfounded and
their only prayer is to ensure that the evidence is not tampered with and is
safeguarded and to ensure that justice is done.
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8.In view of the above factual position and the submissions made by both
sides, it is seen that the petitioner‘s only request now is that he shall be
furnished the CCTV footages and recordings in the police station and the
postmortem recordings and the postmortem report and according to the learned
Additional Public Prosecutor, the same have been handed over to the learned
Judicial Magistrate No.I, Jeyamkondam. In the light of the above, this court
directs the learned Judicial Magistrate No.1, Jeyamkondam to hand over the
copy of CCTV recordings and footage of the T.Palur police station during the
relevant period and the CCTV recordings of the postmortem and the
postmortem report to the petitioner forthwith and without delay. Thereafter, the
petitioner is directed to collect the dead body of the deceased brother
Selvakumar kept in the mortuary and to perform the last rites in a peaceful
manner without creating any law and order problem and without delay by
giving due respect to the deceased. The respondents police are directed to
conduct the investigation in accordance with law. With the above directions,
this writ petition is disposed of. No costs.
12-03-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
vvk
Note to Office: Issue order copy by today (12.03.2026).
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To
1.The Home Secretary
Office of the Home Secretary Govt. of
Tamil Nadu, Secretariat, St.George
Fort, Chennai - 600 009.
2.The Director General of Police,
Office of the Director General of
Police, Head of Police Force, Govt. of
Tamil Nadu, Dr.Radhakrishana Salai,
Mylapore, Chennai - 600 004.
3.The Inspector General of Police,
Office of the Inspector General of
Police, Central Zone, Trichy - 620 020.
4.The District Collector,
Office of the District Collector, Ariyalur
- 621 704.
5.The Superintendent of Police,
Office of the Superintendent of Police,
Ariyalur - 621 704.
6.The Dean
Office of the Dean, Government
Medical College Hospital, Ariyalur -
621 704.
7.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of
Police, Ariyalur - 621 704.
8.The Inspector of Police,
T.Palur Police Station, Ariyalur District
- 612904.
9.Chief Medical Officer (CMO)
Government Hospital, T.Palur, Ariyalur
District.
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10.Judicial Magistrate No.1,
Jeyamkondam.
11.The Additional Public Prosecutor,
Madras High Court, Chennai.
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M.NIRMAL KUMAR J.
vvk
12-03-2026
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