Finish Ajithkumar custodial death case trial in 9 months, Madras HC directs police

MADURAI: The Madurai Bench of the Madras High Court on Wednesday directed the trial court to complete the trial in the case relating to the custodial death of temple security guard B Ajithkumar within nine months.

Justice P Murugan also dismissed petitions filed by former Manamadurai DSP N Shanmugasundaram, former Tiruppuvanam inspector Ramesh Kumar, Special Sub-Inspector S Sivakumar and head constable G Ilayaraja, challenging the trial court’s order remanding them in judicial custody.

The guard of the Madappuram Kali temple near Tiruppuvanam, Ajithkumar, died after allegedly enduring custodial torture stemming from a jewellery theft complaint filed by Nikitha, who claimed her valuables were stolen from her car. He was taken into custody by a special police team. The alleged custodial death sparked outrage across the state and the case was shifted to the CBI.

The judge observed that the four accused, being police personnel, could potentially intimidate witnesses or tamper with evidence. Considering the gravity and nature of the charges, the trial court was justified in remanding them to judicial custody, the judge held.

The judge also rejected the petitioner’s contention that the remand order should be set aside because they had executed bonds under Section 91 of the BNSS. The court observed that once major charges carrying severe punishment had been framed, the accused should have surrendered before the trial court and sought bail. They could not challenge the remand order by invoking the High Court’s inherent powers under Section 528 of the BNSS without approaching the court for bail.

The court noted that the case involved 146 witnesses, 123 documents and 49 material objects. It directed the V Additional Sessions Judge, Madurai, to expedite the trial and complete it within nine months from the date of receipt of a copy of the order. The accused were directed to cooperate with the trial. The court also left it open to the trial court to pass appropriate orders if they adopted delaying tactics during the examination of witnesses.

The CBI initially filed a chargesheet against six police personnel on August 20, 2025. It subsequently filed a supplementary chargesheet on December 12, 2025, naming four more police personnel, taking the total number of accused to 10.

On September 10, the V Additional Sessions Court, Madurai, framed charges against the accused, including major charges relating to murder and abetment of murder under Section 103(1) and Section 49 of the BNS. The court also remanded the four additional accused to judicial custody.

While ordering their remand, the trial court referred to allegations that the four police personnel had fabricated police records, manipulated General Diary entries and destroyed their mobile phones to conceal evidence.

It also recorded the prosecution’s allegation that Shanmugasundaram had attempted to broker a compromise with Ajithkumar’s parents with the assistance of local political functionaries. The CBI further alleged that witness protection provided to Naveen Kumar, the deceased’s brother and a key witness, had been withdrawn. Challenging the remand order, the four accused approached the HC.