Annual Report 2012-2013 4.34 Inspector N. Kannadasan of Swamimalai Police Station who appeared before the Magistrate explained that Sivakumar got injured due to a fall as he was intoxicated. On consideration of evidence, the Magistrate concluded that Sivakumar died on account of multiple organ failure. 4.35 On considering the various reports received, particularly, the infirmities noticed during the magisterial enquiry, the Commission found that prima facie Sivakumar was kept in illegal detention for a number of days before his formal arrest and during this period he was subjected to torture. In Commission's view, the police appeared to be liable for the death of Sivakumar. On 15 October 2011, the Commission directed that a notice be sent to the Government of Tamil Nadu to show cause why monetary relief u/s 18 of the Protection of Human Rights Act, 1993 be not given to the next of kin of Sivakumar. 4.36 In response to the show cause notice, the State Government vide it's letter dated 11 January 2012 submitted that the prisoner had died due to torture by the police personnel and orders were issued to initiate departmental action against the delinquent policemen. It was further stated that the State Government is contemplating to sanction a financial relief of ` 1,00,000 to the next of kin of the deceased. 4.37 Taking note of the response received from the State Government including all the circumstances of the case, the Commission on 9 May 2012 recommended to the Government of Tamil Nadu to pay a sum of ` 5,00,000 as monetary relief to the next of kin of the deceased. While sanction for payment of monetary relief of ` 5,00,000 to the next of kin of the deceased has been granted by the State Government, proof of payment is awaited. 6. Death of Chaitu Potai in Judicial Custody in North Bastar, Chhattisgarh (Case No. 451/33/8/2011-JCD [Link File Case No. 520/33/8/2011-AD]) 4.38 The Commission received an intimation from the Additional District Magistrate, North Bastar, Kanker, Chhattisgarh about the custodial death of an undertrial prisoner Chaitu Potai, aged 26 years who was admitted in the jail on 25 November 2010. However, on 23 August 2011, due to his deteriorating health, Chaitu Potai was admitted in the Government District Hospital, Kanker, where he expired on 24 August 2011. On the basis of this information, the Commission registered a case (No. 451/33/8/2011-JCD). 4.39 A joint complaint was also received from Sukhmi Bai Potai (wife of deceased Chaitu Potai) and others from village Kotodi, Gram Panchayat Kadme, P.S. Koyalibeda, District North Bastar, Kanker, Chhattisgarh. In the complaint, it was alleged that on 24 November 2010, the police of P.S. Koyalibeda falsely implicated her husband in a naxalite case and sent him to judicial custody. Chaitu Potai died under mysterious circumstances in the jail on 24 August 2011 and on 26 August 2011 his body was handed to them for the last rites. Furthermore, in the complaint, it was mentioned by Sukhmi Bai Potai that eight days before the death of her husband, she had met Chaitu Potai who was found to be in good health. She failed to understand as to how her husband's health deteriorated within a span of eight 30 NHRC