[Jayaraj-Bennix Custodial Deaths] ‘Prima-Facie Material Available Against Him’, Madras HC Denies Bail To Suspended Cop [Read Order]

first_imgNews Updates[Jayaraj-Bennix Custodial Deaths] ‘Prima-Facie Material Available Against Him’, Madras HC Denies Bail To Suspended Cop [Read Order] Sparsh Upadhyay17 Sep 2020 10:12 PMShare This – xThe Madras High Court (Madurai Bench) on Thursday (17th September) dismissed the bail plea of suspended Sathankulam police inspector S Sridhar and observed that prima facie materials are available to prove that the suspended police inspector had instigated his fellow policemen to assault P. Jeyaraj and his son J. Beniks in police custody.The Single Bench of Justice V. Bharathidasan observed…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madras High Court (Madurai Bench) on Thursday (17th September) dismissed the bail plea of suspended Sathankulam police inspector S Sridhar and observed that prima facie materials are available to prove that the suspended police inspector had instigated his fellow policemen to assault P. Jeyaraj and his son J. Beniks in police custody.The Single Bench of Justice V. Bharathidasan observed that considering the gravity of the offence, and also considering the position of the petitioner being an Inspector of Police, there is a reasonable apprehension that the witnesses are likely to be tampered with, especially; some of the witnesses are police personnel working in the same Police Station.Arguments put forthPetitioner’s Arguments – According to the Petitioner (Sathankulam suspended Police Inspector S. Sridhar), he was the Inspector of Police/Station House Officer, Sathankulam Police Station, and he was not in the Police Station on the date of occurrence and he was posted at the “Corona” Bandobast duty.The petitioner contended that he is no way connected with the occurrence and he never instigated the other accused to torture the deceased. Since the petitioner being a Station House Officer of Sathankulam Police Station, he was made as an accused.It is further contended that now after taking up the investigation, the CBI took the petitioner into police custody and custodial interrogation was also over.While CBCID conducting the investigation, the petitioner voluntarily surrendered before the CBCID, and co-operated with the investigation, he will not tamper with the witnesses and he will not cause any hindrance to the investigation.He further submitted that earlier the petitioner suffered a severe spinal card injury and he was admitted in the Rajaji Government Medical College Hospital, Madurai, for nearly ten days, the pain is still subsisting and he needs better medical assistance, and on the medical ground also, the petitioner sought bail.CBI’s Arguments – Opposing the bail petitions, the learned Special Public Prosecutor, for CBI Cases submitted that during the investigation, two women Head Constables working in the same police station, who are the eye witnesses to the occurrence, have given statements implicating the petitioner in the crime and one Head Constable also gave a statement before the learned Judicial Magistrate under Section 164(5) of the Code of Criminal Procedure.That apart, number of other witnesses also spoke about the presence of the petitioner in the police station at the time of occurrence. The materials available on record prima facie disclose that this petitioner repeatedly instigated his subordinates to torture the deceased.That apart, the petitioner also fabricated the First Information Report in Crime No.312 of 2020, against the deceased subsequent to their arrest. It is further stated that now the investigation is in progress and more evidence is expected against the petitioner, and others.The counsel appearing for the intervenor submitted that it is a heinous crime of custodial death. If the petitioner is released on bail, he will tamper with the witnesses.Further, it was submitted that the petitioner was already an accused in another criminal case for an offence under Section 307 of the Indian Penal Code and he is having bad antecedents.Court’s ObservationThe Court noted that the materials available on record prima facie disclose that the petitioner was present in the Police Station at the time of occurrence and only at his instigation, his subordinates had beaten both the deceased and caused serious injuries to them.Out of the witnesses examined, the Court further observed, at least eight witnesses spoke about the involvement of the petitioner in the above-said crime. Out of witnesses examined, two are eyewitnesses to the occurrence and other witnesses also spoke about the fact that the petitioner only took Jeyaraj from his shop to the Police Station and illegally detained him in the Station.That apart, the Court was of the view that there are also materials available on record to show that only at his direction, the First Information Report was registered against the deceased after they have been taken to the Police Station.The Court was of the opinion that all the materials prima facie establish the involvement of this petitioner in the alleged crime.Insofar as the medical ground is concerned, the Court was of the view that except the oral submission of the learned counsel for the petitioner, there is no other material available on record to show that the petitioner is having any ailment, which requires immediate treatment in a Specialised Hospital.Considering the above circumstances, the Court was not inclined to grant bail to the petitioner at this stage.The Background of the CaseAn FIR was lodged against the deceased at Sathankulam Police Station on June 19th, allegedly for violating lockdown restrictions and further for misbehaving with on-duty police personnel.The the father-son duo was remanded to Judicial custody at Sub Jail, Kovilpatti, on June 20th, 2020, and died on the following days, allegedly due to custodial torture.Following the custodial death due to police excesses in Thoothukudi district, on 24th June the Director-General of Tamil Nadu Police had issued fresh guidelines for arrest/remand of accused persons.On 26th June, The Madurai bench of the Madras High Court had taken suo moto cognizance of the deaths to order a judicial probe.The Madurai Bench of the Madras High Court had directed the jurisdictional Judicial Magistrate to conduct an enquiry into the alleged custodial deaths of a father-son duo who were lodged in Sub Jail, Kovilpatti in Thoothukudi District in Tamil Nadu.On 29th June, the Tamil Nadu Government had decided to transfer the investigation of the Sathankulam twin custodial death case to the Central Bureau of Investigation.The move came after the Director-General of Police requested the Government to transfer the case to the CBI, in order to facilitate a free and fair investigation.Further, on 30th June, taking note of the antemortem injuries found on the bodies of Jayaraj and Bennix, coupled with the averments in the report of the Judicial Magistrate No.1, Kovilpatti, especially the statement of Revathy, Head Constable, Sathankulam Police Station, who spilled the beans on the delinquent police personnel, the Madras High Court had expressed the view that this “would be prima facie enough to alter the case to one under Section 302 IPC against the Sathankulam policemen who were actively involved in the investigation of the case (against the father-son duo)”.On 02nd July, Observing that “any form of violence is a product of a sick mind”, the Madras High Court had directed the State Government to continue with its Police Wellbeing Programme (aimed at the robust mental health of the police force), in collaboration with NIMHANS, Bengaluru, as per plan for a period of five years, by allocating necessary funds for it.Further, on 21st August a three-Judge bench of the Supreme Court had directed the Registry to list a PIL seeking guidelines to curb custodial violence before a bench headed by Justice UU Lalit.The petition has been filed by the People’s Charioteer Organization urging the Supreme Court to frame guidelines to prevent custodial torture/ deaths/ rapes, in the exercise of its inherent power under Article 142 of the Constitution, in the interest of justice.On Monday (14th September), the Court informed the Counsels present that, as a number of lawyers, sought to argue in the instant issue (concerning custodial torture), the matter would be taken up as the first item on 7th October, at 10:30 AM.Further, Dr. Singhvi would commencing the arguments with his submissions and would guide the Court as the Amicus Curiae.Notably, the Union Ministry of Home Affairs on Tuesday (15th September) informed the Lok Sabha that it has no plans to bring legislation on Custodial Violence.The Minister of State in the Ministry of Home Affairs, G Kishan Reddy, informed the House that the Indian Penal Code provides punishment for such offences and it has no plans to bring in separate legislation.The clarification comes in response to question solicited by DMK MP Kanimozhi Karunanidhi. He had asked if the Government was considering to bring a legislation to prevent the torture of individuals by police and public officials.Case Details:Case Title: S.Sridhar v.vAdditional Superintendent of Police, CBICase No.: CRL.O.P.(MD). Nos.9274 and 9290 of 2020Quorum: Justice V. BharathidasanAppearance: Advocate G. Rajasekar (for petitioner); Vijayan Selvaraj, Special Public Prosecutor for CBI; Advocate T.Lajapathi Roy (For Intervenor).Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Doughnut Week inspiration

first_imgBakers across the UK have been signing up for this year’s National Doughnut Week and are urging others to take part with ideas on how to maximise sales.Kim Cowley of Warings Bakery chain in Berkshire has taken part every year since Doughnut Week began. Soon to open its sixth store, the chain gets everyone involved, with employees dressing up as popular children’s characters and linking with local radio to create competitions, offering a baker’s dozen of doughnuts every day. “Every year we try to create special limited-edition doughnuts for our customers and look forward to the weird creations that are requested,” said Cowley.NA president Mike Holling of Birds the Confectioners in Derby said it is a great week for team-building: “Every baker should have a go. It doesn’t take a lot of effort, thanks to all the support provided by sponsor BakeMark, and every year for the last five years, we have increased the amount of funds raised.”His recommendations are fancy dress and lots of cream, caramel and jam doughnuts.National Doughnut Week runs from 10-17 May and raises money for the Children’s Trust. It offers craft bakers a chance to increase sales while raising money for charity. This year, all participating bakers will be entered into a draw to win a trip for two to London. The winner will visit The Children’s Trust to see how the money raised is spent before being treated to dinner and an overnight stay in a top London hotel. For more information email: [email protected]last_img read more

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It doesn’t add up

first_imgAn important new finding by Harvard researchers indicates that cellular mutations responsible for an organism’s successful adaptation do not, when combined over time, provide as much benefit as they would individually be expected to provide.The study from the laboratory of Christopher Marx, an associate professor in the Department of Organismic and Evolutionary Biology (OEB), is one of two investigations with identical approaches and equivalent results that are being published in Friday’s (June 3) issue  of the journal Science. The other paper comes from the lab of Tim Cooper, an assistant professor in the University of Houston’s Department of Biology and Biochemistry.Hsin-Hung Chou, a postdoctoral fellow in Marx’s lab, is the first author on the Harvard paper.Although the Harvard and Houston groups each studied a different bacterium that evolved in different conditions, the patterns they uncovered were the same: The more fit the strain was before introducing the beneficial mutation in question, the less further improvement was conferred.Marx and Cooper, who are both colleagues and friends, submitted their work simultaneously to Science this past February, asking that the journal consider their manuscripts jointly. “We independently came to the same remarkable punch line with completely different model systems. We thus feel that this congruence of results adds substantial strength to the suggestion of generality from our findings,” they wrote in their joint submission letter to Science. The two research groups posit that their findings help explain the “deceleration of population adaptation” over time.Although the papers of Marx and Cooper came to remarkably similar conclusions, they contrasted strongly with analogous studies looking at mutational combinations within single proteins. For example, an earlier paper from the laboratory of Daniel Hartl, Higgins Professor of Biology in OEB, showed that mutations within the enzyme that provides resistance to penicillins interacted with each other violently. The same mutation could be tremendously beneficial if partnered with some mutations, and quite deleterious when grouped with others. These interactions would greatly constrict which paths for improvement can be driven by natural selection.In their letter to Science, Marx and Cooper wrote that “our papers are critical because they paint … [a] picture that suggests that adaptation involving the wider context of whole genome networks may behave entirely differently than adaptation of proteins.  Interactions between beneficial mutations are common but seldom impose hard limits on the mutational transitions that can be selected. This result has broad implications for understanding the trends and causes of fitness landscapes.“Any finding in experimental evolution establishes rigorously what can happen; when results are repeated across systems it suggests that this might actually be what does happen in nature.  Indeed, this simple effect of mutation interactions on the form of the fitness landscape may provide a new ‘predictability’ to evolutionary biology,” they wrote.The editors of Science apparently agreed with Marx and Cooper, and not only are the papers being published in the same issue of the journal, Science is also publishing a commentary on the papers titled “Evolutionary Sum Is Less Than Its Parts.”Earlier studies of evolutionary mutations in individual proteins, and preliminary studies done in Marx’s lab had shown that mutation was order dependent, that the order of changes over time had a controlling effect upon the end result. “But our work and the other new work being published shows a different picture throughout the cell,” Marx said. “We found that all positive mutations are always good, but the amount that they’re good becomes less and less over generations.”One of the exciting things about doing this kind of science, Marx said, is that it demonstrates that evolution is something that can be studied with microbes in the laboratory, and on the timeline of a graduate career. This allows questions of broad interest in natural systems to be addressed experimentally.“Our ultimate goal,” Marx said, “is to find out why this happens. We need to be able to understand these interactions in order ultimately to be able to take advantage of them.”last_img read more

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New FIFA rule could benefit exciting Newcastle talent

first_imgA rule change by FIFA could do a big favour for one Newcastle United talent. Kelland Watts is one of the most exciting young players to come out of the Magpies’ academy in recent years. The 20-year-old, who can play midfield and centre-back, has been named on the subs bench a couple of times for Premier League games but hasn’t yet made his competitive debut. But could that change between now and the end of the season? According to The Chronicle, Newcastle boss Steve Bruce has the option to use him over the next nine Premier League games.Advertisement Promoted ContentWhich Country Is The Most Romantic In The World?5 Of The World’s Most Unique Theme Parks6 Ridiculous Health Myths That Are Actually TrueWho Is The Most Powerful Woman On Earth?Playing Games For Hours Can Do This To Your BodyThe Best Cars Of All TimeWho Earns More Than Ronaldo?10 Hyper-Realistic 3D Street Art By OdeithCouples Who Celebrated Their Union In A Unique, Unforgettable WayBest & Worst Celebrity Endorsed Games Ever MadeYou’ve Only Seen Such Colorful Hairdos In A Handful Of AnimeBirds Enjoy Living In A Gallery Space Created For Them Loading… Watts returned from his loan at Mansfield Town recently and having also represented Stevenage during the first half of the campaign, was unable to play for his parent club this season. In England, players were only permitted to play for two clubs in the one season, but The Chronicle has claimed that FIFA has modified its rule, making it three teams instead of two. Considering he’s already made the bench in a Premier League game this season – away at Wolves in January – the player is obviously known to Bruce and it’ll be interesting to see if the veteran manager gives him a taste of the big time between now and the end of the 2019-20 campaign. read also:FIFA changes transfer windows rules Bruce’s side are 13th in the table and eight points clear of the relegation zone. It’s entirely possible that they’ll be mathematically safe over the coming weeks and when that happens, it’s also possible that the United boss could start experimenting by using young players. FacebookTwitterWhatsAppEmail分享 last_img read more

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Attack Nick Mariano details decision to transfer to Syracuse

first_img Published on August 19, 2015 at 7:59 pm Contact Paul: [email protected] | @pschweds Nick Mariano said his lifelong dream has been to play for Syracuse. And after spending his first two collegiate seasons at Massachusetts, he’ll finally be able to fulfill that.“Growing up watching the great players that played there … it’s a real privilege and honor to become part of that list and pedigree of players,” Mariano said. “I just can’t wait and hopefully I run with my opportunity.”Mariano, who totaled 51 goals and 30 assists and started every game over the past two seasons, found out on Monday that he’ll be eligible for the Orange in 2016 after transferring from UMass.The lefty attack joins a position group that is looking to replace starters Kevin Rice and Randy Staats who both graduated, but said their absence wasn’t a big factor in his decision.“It was just more of the tradition and the competitiveness that they play at every day and every game,” Mariano said. “That’s kind of what I wanted. I wanted to play on one of the highest levels I could possibly play in, especially in the ACC.”AdvertisementThis is placeholder textWhile reports of Mariano’s transfer came out nearly two months ago, he still needed to complete two online classes at UMass in order to enroll at SU for the fall and be eligible to play this upcoming spring. While the process was stressful for both him and his parents, Mariano said, he was confident he’d complete everything he needed, which he did.Mariano said he was also considering Ohio State, Loyola (Maryland) and Penn State, but ultimately chose Syracuse.“Sometimes you just got to do what’s good for yourself or what’s better for yourself,” Mariano said, “And I figured with the transfer I would be more successful if I went somewhere else. Start fresh at school and on the field.” Comments Facebook Twitter Google+last_img read more

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