Yet another incident of alleged custodial death has sent shockwaves through the state of Tamil Nadu. M. Balakrishnan, a 36-year-old resident of Srivaikuntam, Thoothukkudi, who was wanted in multiple criminal cases, travelled to Erode to meet friends on 26 December 2023. On 27 December 2023, while at a bar in Palayapalayam with five friends, a police team from Erode allegedly detained all six for questioning. Four were released the next day, but Balakrishnan and his friend Prakash were reportedly held in a private lodge and interrogated about an old case. There are also accusations that Balakrishnan faced physical assault during the questioning.
M. Mariyappan, Balakrishnan’s brother, registered a complaint stating that the police severely beat Balakrishnan, leading to his admission to a private hospital in Perundurai on 28 December 2023. He was later transferred to Perundurai Government Medical College Hospital, where he succumbed to his injuries on 2 January 2024.
The family contends that Balakrishnan’s death resulted from the police attack, and they demand accountability from the responsible officials. V. Maharajan, the lawyer representing Balakrishnan’s family, emphasised the injuries on his body and the inadequate responses from both the police and doctors. Consequently, on 5 January 2024, a case was filed at the Madras High Court. After hearing the petition, the court ordered an autopsy at Coimbatore Government Medical College Hospital on 8 January 2024, which was carried out on 9 January 2024. Maharajan expressed concern that evidence in the case had been tampered with and indicated plans to request the court to initiate a murder case.
A case has been registered under section 176 (1A) of CrPC at Chennimalai police station based on the family’s complaint. A post-mortem examination has been conducted, and an ongoing investigation aims to address the family’s allegations.
//"Balakrishnan was severely beaten up by the police and admitted to a private hospital in Perundurai on December 28. The next day, he was shifted to Perundurai Government Medical College Hospital. He died on January 2. A lawyer from Erode informed me about his death. We noticed… pic.twitter.com/YbgwMUQTnp
— Thinakaran Rajamani (@thinak_) January 10, 2024
During the period 2021–22, the National Human Rights Commission of India documented 2152 deaths in judicial custody and 155 deaths in police custody until 28 February 2022 in India.
As per the 2022 Crime in India report by the National Crime Records Bureau, only three deaths in police custody were reported and officially registered. Notably, no chargesheets were filed, nor were magistrate inquiries initiated for those not under remand. Two cases were reported and registered during remand, but again, no chargesheets were filed, and no magistrate inquiries were instigated. The cited reasons for these cases were attributed to deaths resulting from illness, hospital treatment, and journeys related to ongoing investigations.
However, replying to an unstarred question in Lok Sabha (LS1459), the Ministry of Home Affairs disclosed that the count of custodial deaths in Tamil Nadu rose from 63 in the from 2020-21 to 109 in 2021-22, representing a significant increase of 73%.
Here are some of the recent cases of death attributed to custodial death in Tamil Nadu:
Incident 1:
Rajasekar, a 33-year-old resident of Munthiri Thoppu in Tiruvallur district, was brought to the P6 Kodungaiyur police station on 11 June 2022 for an inquiry related to two burglary cases. He was pronounced dead at the Government Stanley Medical College Hospital on 12 June 2022. The autopsy report revealed multiple external injuries, with two injuries occurring approximately 18-24 hours before his death.
Incident 2:
In Nagapattinam district, a 44-year-old man named Siva Subramanian, employed at a cycle repair shop, died in judicial custody. Siva and his brother Ganesh were detained after a brawl with Venkatesh, who owed Ganesh ₹95,000. According to the police, Siva suffered seizures while in jail and was taken to Nagapattinam Government Hospital, where he passed away on the evening of 13 June 2022. The police attributed his death to alcohol withdrawal symptoms, dismissing reports of custodial torture.
Incident 3:
On 18 April 2022, during a routine night check at Kellys in Chennai, police stopped two youths, Vignesh (25) and Suresh (28), in an auto. The duo, found in possession of ganja and liquor, engaged in a verbal duel with the police. Vignesh later developed health complications, vomited, and had seizures. Despite being rushed to the hospital, he was declared dead. Relatives reported seeing injuries on Vignesh’s body, leading to the suspension of a police sub-inspector, a constable, and a home guard personnel.
Incident 4:
In Tiruvannamalai, Thangamani was taken into police custody on 26 April 2022 for an inquiry into illegal liquor sales. Relatives alleged a false case, stating that the police demanded money for their release. The police claimed Thangamani had fits the next day, leading to his hospitalisation and subsequent death during treatment.
Incident 5:
In January 2022, a physically challenged man named Prabhakaran was locked up for allegedly stealing jewellery. Falling ill in jail, he was rushed to Namakkal Government Hospital and later to Salem Government Hospital, where he died on 11 January 2022. Prabhakaran’s relatives alleged police torture as the cause of death, resulting in the suspension of three police officers.
Incident 6:
In June 2021, Murugesan, a fruit stall owner, died after being beaten by police at the Pappanaickenpatti check post. A video circulated on social media showed Special Sub-Inspector Periyasamy thrashing Murugesan with a lathi until he became motionless. Murugesan had engaged in an argument with the police while being penalised for drunk driving. Periyasamy was arrested following a complaint.
Custodial death stands out as one of the gravest offences in a civilised society governed by the Rule of Law, where the state needs to take necessary steps to curb the issue.
The landmark verdict of 18 December 1996, in DK Basu vs State of West Bengal, laid down 11 guidelines by the Supreme Court, addressing arresting procedures and compensation in case of the detainee’s death.
Incident 7:
In December 2022, Gokul Shree, a 17-year-old teen, was arrested on December 28 by the Railway Police in Tambaram on suspicion of stealing a battery from a railway station. He was sent to a children correctional facility because he was a minor. On December 31, he was rushed to Chengalpet Government Hospital with complaints of seizures, where he passed away within hours.
The preliminary autopsy report showed that the child was subjected to a physical attack, had severe contusions on his legs, and several external injuries on his body. The child was beaten severely before being killed, and the majority of his injuries were were ante-mortem. The parents, however, were not given access to the complete autopsy report.
On the basis of the post mortem report, six prison officials of the correctional facility were arrested. S Mohan, 30, superintendent of prisons, P Vidyasagar, 33, assistant superintendent of prisons, J H Raj, 29, barber at the juvenile home, prison wardens D Vijayakumar, 30, M Saranraj, and teacher R Chandrababu, 40, were arrested.
Incident 8:
In June 2023, the death of a 26-year-old Scheduled Caste (Pallar community) youth, Thangasamy, who was in the custody of the Puliyangudi police in Tenkasi district died. According to reports, Thangasamy was remanded in judicial custody, but he complained of uneasiness, prompting authorities to transfer him to Tirunelveli Medical College. However, his condition deteriorated, and he subsequently passed away.
According to Code of Criminal Procedure (CrPc) Section 176 (I) of the CrPC, in the event of a person’s death or disappearance in custody or if a woman is raped in custody, the Judicial Magistrate holds the authority to order an inquiry. Section 54 of the CrPC also empowers the Magistrate to appoint a medical petitioner to examine accused individuals under trial. The Indian Penal Code (IPC) in Sections 330 (a) and (b) allows for sentences of up to 7 years for policemen involved in cases of torture.
Incident 9:
A 58-year-old jeweller and former town secretary of the Communist Party of India (CPI), P Rajasekaran, allegedly died by suicide on Sunday night (June 25). The incident occurred just days after he was taken into police custody for interrogation. The news of his death had prompted widespread condemnation of the police, with allegations of custodial torture emerging.
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