MADURAI: Observing that the heinous crime of custodial deaths should be eradicated from the society, the Madras high court on Tuesday dismissed the bail plea of a suspended policeman who was arrested in connection with Sathankulam custodial deaths case.
The court was hearing the second bail petition of suspended police inspector S Sridhar who was arrested in connection with the custodial deaths of P Jeyaraj and his son J Beniks at Sathankulam in Tuticorin district.
Justice S M Subramaniam observed that undoubtedly the gravity of charges is grievous and heinous in nature. The judge observed that beyond the factual aspects, certain social impacts should also be considered in the interest of the public in such crimes against society. The judge observed that granting of bail sends a wrong message to the society at large and courts are expected to be cautious.
"Custodial deaths are not only inhumane but also against the democratic principles. Our great nation is marching towards democracy and the fostered developments can be achieved only if a civilised society is created," observed the judge.
Stating that a large number of custodial deaths cases are reported in Tamil Nadu, the judge observed that in case of allegations, a thorough investigation is mandatory to initiate corrective measures and to introduce reformations in the police department.
The judge observed that a common man is not treated properly and many people are still afraid to enter the police stations. The judge said that though several circulars were issued to police personnel, they are not followed. Hence, the judge directed the director general of police (DGP) to issue a consolidated instruction or circular to all the police stations.
The judge also directed the DGP to ensure that the rights of complainants should be displayed in a visible manner in front of all the police stations in the state in Tamil and English languages.
The judge said that it was also brought to the knowledge of this court that the CCTV cameras at the police stations were not maintained properly and were being tampered with. Hence, the judge directed the DGP to ensure that the CCTV cameras installed at the police stations should be in a working condition and in case of any repair, it should be done within a time of three days, else necessary action should be taken against the concerned officials.
The judge directed that the accused persons should only be transported using department vehicles for remand purposes. Even if the police engage private vehicles, the cost should be borne by the police department and should not collect the money from the accused persons.
Earlier, during the course of hearing, assistant solicitor general L Victoria Gowri appearing for CBI submitted that though the CBI had filed the final report, the investigation was still under progress with regard to involvement of other persons in the case. She also submitted that the petitioner had not cooperated with the inquiry. She strongly objected to the grant of bail as there was the possibility of tampering with witnesses.
On September 17, the HC dismissed Sridhar's bail plea by observing that prima facie materials are available to prove that he had instigated his fellow policemen to assault the duo.