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Madras high court directs CoP to monitor probe into techie Subhasri’s death

The bench said now the FIR has been altered and it was no more a minor offence. It was a cognisable offence.

Chennai: Directing the Commissioner of Police, Chennai to monitor the overall investigation into the death of techie Subhasri on the road due to a banner falling on her and a tanker lorry running over her on September 12 at Pallikaranai and file a status report, the Madras high court has asked the police how long they would take to arrest Jayagopal, who erected the digital banners.

A division bench comprising Justices M.Sathyanarayanan and N.Seshasayee also directed the Additional Commissioner s of Police, Traffic and Law and Order respectively to monitor the investigation in the case in so far as nabbing of the accused persons and file status report.

The bench gave the directives while passing further interim orders on a contempt petition filed by social activist Traffic Ramaswamy and suo motu taken up hearing on the death of Subhasri. Posting to October 23 further hearing, the bench asked the state government to inform it as and when they arrest the accused.

Senior Counsel P.Wilson, appearing for DMK party had submitted that the DMK party has been complying with the directions of the court relating to erection of digital banners. The DMK party has also filed an affidavit. The party president has stated that he had warned his party cadres not to erect any digital banners and he will not participate in any function if any banners were erected. In fact, during the MGR Centenary celebrations, a techie who came from abroad to attend a marriage in Coimbatore was killed due to a huge banner erected on the road. The DMK party filed a petition and this court had issued a set of directions. Till today the accused were not arrested in this case and hence the court may transfer the investigation in the case to CBCID, Wilson added.

Additional advocate general S.R.Rajagopal, appearing for the Chennai Corporation, submitted that as per the directions of the court an interim compensation of Rs 5 lakh was paid to the father of deceased on September 20. Disciplinary proceedings were also initiated against Division Assistant Engineer AVK Kamalraj under Rule 9 (2) of the Madras Corporation Class III and IV Services (Disciplinary and Appeal By-laws) contemplating major punishment for the misconduct and negligence on his part. Similarly disciplinary proceedings were also initiated and an inquiry ordered on Assistant Executive Engineer R.Ravivarman under Rule 10 (b) of the Chennai corporation services (Classification, Control and Appeal) Rules contemplating major punishment for misconduct and negligence on his part. Disciplinary proceedings would be completed as early as possible and action taken on the delinquent officials, he added.

Additional advocate general C.Emmilias, appearing for the police, submitted that two FIRs have been registered - one against the driver and another against Jayagopal and his brother-in-law Meganathan who erected the banners. The FIRs were altered and section 304 (ii) (Culpable homicide not amounting to murder) IPC was included. Action was initiated against an Inspector of Police. The police could not trace the accused, he added.

The bench said now the FIR has been altered and it was no more a minor offence. It was a cognisable offence. “The incident occurred on September 12. Now 13 days are gone, Why you have not arrested the accused? How long you take to nab them?”

AAG Emmilias said in a short period of time, action will be taken. A special team has been formed to nab the accused, he added.

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