HC orders Rs 5 lakh relief to man injured in police custody

MADURAI: Taking into account that a man sustained injuries while he was in police custody in Ramanathapuram district, Madras high court directed the state government to pay a compensation of ₹5 lakh to him.
Petitioner M Gayathri said that several false cases were registered by the police against her husband Muthuramalingam who was running a grocery shop near Mudukulathur bus stand.On August 22, 2021, police picked him up from their house, took him to the Ilanchembur station and registered a false case against him. She alleged that the next day she came to know that her husband was subjected to custodial torture by the police, his leg broken and admitted to the Ramanathapuram government hospital.
He was remanded in judicial custody at Madurai central prison and subsequently admitted to Government Rajaji Hospital for treatment. She stated that she had submitted a representation to the authorities seeking compensation and action against the police. Since no action was taken on her representation, she filed the present petition in 2021.
The additional public prosecutor submitted that the petitioner's husband is a habitual offender with several cases registered against him. Police had arrested Muthuramalingam as he assaulted another man with a sword. When he was in police custody, he fell down in the bathroom and sustained fracture in his right leg. Police are not responsible for the injury. Based on the petitioner's representation, an inquiry was conducted by officials and it was closed.
Justice P Dhanabal observed that from the records it is clear that the petitioner's husband sustained a fracture in his right leg and underwent treatment at the hospital. In the remand report, the magistrate had recorded Muthuramalingam's statement that he was subjected to custodial torture by police.
Though the police denied the allegations of custodial torture, they had admitted that the petitioner's husband sustained fracture while in police custody. Since he sustained injury when he was in police custody, the state government is liable to pay compensation. Hence, the judge disposed of the petition by directing the state government to pay a compensation of ₹5 lakh to the petitioner's husband within two months.