A division bench comprising justices M Jaichandren and S Nagamuthu stated this when a criminal miscellaneous petition filed by Krishnan, an army man, came up.
He alleged that police in Dharmapuri district had obtained his ‘death certificate’ when he was actually alive, instead of that of his elder brother Govindasamy, a murder accused who died during trial.
In the charge sheet, police had allegedly named Krishnan as accused instead of Govindasamy.
The case relates to murder of Chinnasamy by his brother’s sons. Among the three accused siblings who were arrested was Govindasamy.
Krishnan, the fourth son, submitted documents to prove his identity before the trial court and said police tried to show that he was among the three accused and was dead.
The trial court awarded life to his two brothers. But the the charges against Krishnan, the third accused, abated as he was shown as ‘deceased’.
Krishnan filed a miscellaneous petition today when the appeal by the two brothers came up, challenging the sentence awarded to them, saying that police had “played fraud” in the investigation.
The bench said if it was proved that police had made a false representation to the court to make it believe that Krishnan had already passed away, they would have to face the legal consequences.
Also if the claim by Krishnan before the trial court was found false, he too would have to face legal consequences. At any rate, this matter needed thorough probe, it said.
The bench then appointed A G Pon Manickavel, IG of Police, Idol Wing as enquiry officer.
It directed him to complete the probe on or before June 3 and submit a report to the High Court Registrar General.
The RG should place the report with the above appeal, the court said and posted the matter to second week of June.
PTI