T.Nandakumar vs The State of Tamil Nadu, Rep.by its, Additional Ch
- Court
- Madras High Court
CRL OP No. 31906 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 31906 of 2026
CNR:{HCMA012642592026}
T.Nandakumar,
S/o. Late. V.Thyagarajan,
No.92/53, 54 Arya Gowda Road,
West Mambalam,
Chennai – 600 033.
..Petitioner(s)
Vs
1. The State of Tamil Nadu, Rep.by its,
Additional Chief Secretary to Government,
Home (Police) Department,
Secretariat,
Fort St.George,
Chennai.
2. The Commissioner of Police,
Police Commissionarate,
Greater Chennai Police,
No.132, EVK Sampath Road,
Vepery, Chennai.
3. State Rep.by,
The Inspector of Police,
R3, Ashok Nagar Police Station,
Chennai.
4. The Dean / Medical Superintendent,
ESI Hospital,
KK Nagar,
Chennai.
5. Santha,
W/o. Late V.Thyagarajan,
No.24, Krishnapuram Street,
Choolaimedu,
Chennai.
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CRL OP No. 31906 of 2026
6. T. Baskar
S/o. Late.V.Thyagarajan,,
No.24/66, Krishnapuram Street,
Choolaimedu, Chennai.
7. T.Karthik
S/o. Late.V.Thyagarajan,
No.24, Krishnapuram Street,
Choolaimedu,
Chennai.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS,
praying to direct the third respondent to hand over the mortal remains of the
petitioner’s father, Late.V.Thiagarajan to the petitioner forthwith for the
purpose of cremation and last rites, and to direct the respondent Nos.5 to 7 not
to interfere with the petitioner in conducting the funeral, while permitting them
to attend and participate in the same.
For Petitioner(s): Mr.D.S.Ramesh
For Respondent(s): Mr.R.Ganesh Kumar,
Additional Public Prosecutor for R1 to R3
Mr.S.Raja for R5 to R7
Order
This Criminal Original Petition has been filed to direct the third
respondent to hand over the mortal remains of the petitioner’s father,
Late.V.Thiagarajan to the petitioner forthwith for the purpose of cremation and
last rites, and to direct the respondent Nos.5 to 7 not to interfere with the
petitioner in conducting the funeral, while permitting them to attend and
participate in the same.
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CRL OP No. 31906 of 2026
2.The petitioner, who is the son of the deceased, viz., V.Thyagarajan,
claims that respondent Nos.5 to 7 had driven his father out of the matrimonial
residence about six years prior to his demise. Since then, the petitioner had
been taking care of his father by providing food, shelter, medical assistance and
all his day-to-day necessities. While residing in their ancestral property, his
father developed aspiration pneumonia with respiratory failure and was
admitted to J.V. Hospital, Kodambakkam, Chennai, where he succumbed to his
illness on 28.10.2026 at about 8.25 p.m. Following his demise, the hospital
authorities handed over the mortal remains of the deceased, V.Thyagarajan to
the petitioner, who took the body to his residence at around 12.00 hours
midnight. On the following day, i.e., 29.10.2026, the fifth respondent, who is
none other than the wife of the deceased, lodged a complaint before the third
respondent alleging that her husband's death was suspicious and seeking a
post-mortem examination. On receipt of the complaint, the third respondent
registered an FIR in Crime No.329 of 2026. Pursuant thereto, the mortal
remains of the deceased were taken to the hospital for post-mortem examination
on 30.10.2026. The body is presently kept at ESI Hospital, K.K. Nagar,
Chennai.
3.The learned counsel appearing for respondent Nos.5 to 7 submitted that
the petitioner had forcibly taken his father from their custody and removed him
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from their residence with an intention to grab the properties acquired by the
deceased by obtaining wills and settlement deeds in his favour. It was further
submitted that the ancestral property in which the petitioner is residing is also
the subject matter of a dispute among the brothers of the deceased,
V.Thyagarajan. With a view to usurping the said property, the petitioner had
taken custody of the mortal remains of his father and thereafter denied him
access to his family members, namely, respondent Nos.5 to 7. It was further
contended that, on 26.10.2026, respondent Nos.5 to 7 received a legal notice
bearing the thumb impression of the deceased instead of his signature. This
gave rise to their suspicion that the petitioner and his wife had murdered his
father with an intention to grab the entire properties.
4.The learned counsel for the petitioner submitted that the last wish of the
deceased V.Thyagarajan was that the petitioner, being his elder son, should
perform his last rites at his residence. Hence, he sought a direction to hand over
the mortal remains to the petitioner.
5.Heard the learned counsel on either side and perused the materials
placed on record.
6.On perusal of the records, it is evident that the deceased is survived by
his wife and three sons. The wife of the deceased and the other two sons are
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residing in the house where the deceased had lived for nearly 50 years. In such
circumstances, particularly when the wife of the deceased is alive and the FIR
itself was registered pursuant to her complaint, expressing suspicion against the
petitioner and his wife regarding the circumstances surrounding her husband's
death, the mortal remains cannot be handed over exclusively to the petitioner.
7.However, considering the submissions made by the learned counsel for
the petitioner, the third respondent is directed to take the mortal remains of the
deceased, V. Thiagarajan, to the petitioner's residence after completion of the
post-mortem examination and permit the petitioner and his family members to
pay their last respects for a period of two hours. Thereafter, the mortal remains
shall be handed over to respondent Nos.5 to 7. The petitioner is also at liberty
to visit the residence of respondent Nos.5 to 7 and participate in the
performance of the last rites of his father.
8.With the above observation, this Criminal Original Petition stands
disposed of.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AH
NOTE: ISSUE ORDER COPY ON 30.10.2026.
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CRL OP No. 31906 of 2026
To
1. The Additional Chief Secretary to Government,
Home (Police) Department,
Secretariat,
Fort St.George,
Chennai.
2. The Commissioner of Police,
Police Commissionarate,
Greater Chennai Police,
No.132, EVK Sampath Road,
Vepery, Chennai.
3. The Inspector of Police,
R3, Ashok Nagar Police Station,
Chennai.
4. The Dean / Medical Superintendent
ESI Hospital,
KK Nagar,
Chennai.
5. The Public Prosecutor,
High Court,
Madras.
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CRL OP No. 31906 of 2026
G.K.ILANTHIRAIYAN J.
AH
CRL OP No. 31906 of 2026
30-10-2026
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