IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.12.2009 CORAM THE HONOURABLE MR JUSTICE ELIPE DHARMA RAO and THE HONOURABLE MR JUSTICE D. HARIPARANTHAMAN Habeas Corpus Petition No.2108 of 2009 G. Swarnalatha W/o. Arunkumar ... Petitioner Vs 1. The State of Tamil Nadu, rep. by the Commissioner of Police, Chennai Sub-urban, St. Thomas Mount, Chennai 600 016. 2. The Inspector of Police, Tirumullaivoyal Police Station, Thiruvallore District. 3. Mr. Kannan, The Inspector of Police, T-7 Avadi Camp Police Station, Avadi, Thiruvallore District. ... Respondents Prayer:- Petition under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to produce the detenu Arunkumar, S/o. Late Nagaiah, aged about 39 years, now confined by the second and third respondents herein and produced before this Court and set him at liberty. For Petitioner : Mr.R. Sankarasubbu For Respondents : Mr.V.R. Balasubramaniam, Addl. Public Prosecutor - - - O R D E R (Order of the Court was made by ELIPE DHARMA RAO, J.) The Habeas Corpus Petition has been filed by the wife of the detenu for production of the detenu before this Court, confined by the second and third respondents, and set him at liberty. https://hcservices.ecourts.gov.in/hcservices/ 2. The allegations made by the petitioner in her affidavit is as follows :- The petitioner's husband / detenu was doing real estate business for the past 10 years and he was taken to custody for interrogation by the 2nd and 3rd respondents on 23.11.2009, wherein he was tortured without producing him before the Court. Even though a telegram was sent to the first respondent on 23.11.2009, no steps were taken by them. Therefore, she had approached this Court by way of Habeas Corpus Petition. 3. Pending the Habeas Corpus Petition, M.P.No.1 of 2009 was filed on behalf of the petitioner to transfer the detenu Arunkumar from General Hospital, Royapettah, Chennai, to K.M. Hospital, Anna Nagar, Chennai, for effective treatment. 4. On 2.12.2009, this Court had directed the Superintendent, Govt. General Hospital, Royapettah, to give a report about the condition of Arun Kumar, who has been admitted in the hospital on 28.11.2009. When the matter came up on 4.12.2009, no report was filed on behalf of the Superintendent, Government Royapettah Hospital, Chennai. However, it was submitted that the detenu was discharged from the hospital and he is confined at Central Prison, Puzhal, Chennai. Therefore, we directed the Superintendent, Central Prison, Puzhal, Chennai, to produce the detenu before this Court to-day. 5. When the matter came up for hearing to-day, the detenu was produced by the Superintendent Prison, Puzhal, Chennai. The petitioner is also present in the Court. Learned Addl. Public Prosecutor has produced the case diary relating to the detenu and filed a status report filed by the Assistant Commissioner of Police, Avadi Range, Chennai Sub-urban. 6. We have examined the detenu as well as the petitioner. We have also perused the records produced by the learned Addl. Public Prosecutor. 7. On examination of the petitioner, the following facts had emerged :- On 23.11.2009, the detenu,who has left the house to get some screws for repairing the household furniture, had not returned to the home. The petitioner on enquiry came to know that her husband was taken away by two persons posing themselves as Police Personnel. On further enquiry, she came to know that he was taken by Avadi Camp Police. On coming to know the said fact, she and her sister went to the said police station and requested the police to release her husband. Instead of showing the detenu to the petitioner and her sister, according to the petitioner, the police had demanded a sum of Rs.1,00,000/- for the release of her husband. The petitioner arranged a sum of Rs.1,00,000/- on 25.11.2009 through a third person, namely, one Sindhu @ Ethiraj, who is stated to be the https://hcservices.ecourts.gov.in/hcservices/ business partner of the detenu. Though a sum of Rs.1,00,000/- was handed over to the police, her husband was not released and, ultimately, she found her husband in the Royapettah Hospital on 29.11.2009 in an unconscious stage. 8. On examination of the detenu, the following facts were revealed:- On 23.11.2009, the detenu was taken by two police personnel, among whom one is named as Saravanan, to Tirumullaivioyal Police Station on the allegation that the detenu had committed an accident. From Tirumullaivoyal Police Station he was taken to Avadi Tank Factory Police Station, wherein he was kept under illegal custody by the police for five days. At that time he was beaten black and blue and was taken to Avadi Camp Police Station. In the said police station also he was beaten severely and he was dashed to the wall of the police station, by which he became unconscious. On 28.11.2009 at about 9.00 P.M., while he has not fully gained consciousness, he was produced before the Judicial Magistrate No.2, Poonamallee. On seeing the condition of the detenu, assuming that he may be mentally affected, the Judicial Magistrate has requested the Medical Officer of the Kilpauk Hospital to examine and give a certificate. On medical examination, he was found normal and, thereafter, he was again produced before the Magistrate on 1.12.2009 and lodged at Central Prison, Puzhal. 9. In the status report filed by the Assistant Commissioner, it has been indicated as follows :- On the complaint lodged by one Usha alleging that on 29.3.2009 her gold chain was snatched away while she was sleeping in her house, a case was registered by the Sub Inspector of Police on 30.3.2009 in Avadi Police Station Crime No.242/2009 under Section 380 IPC. On enquiry, on 27.11.2009, the Inspector of Police (Crime) Avadi, who took up investigation, arrested one Arun @ Arunkumar @ Appaiya (the detenu), aged 39 years, S/o. Nagaiyya, and seized the stolen property before the witnesses under a mahazar and after complying with all formalities he was produced before the Magistrate on 28.11.2009. Since at that time the detenu acted as a mental person, he was referred to Mental Hospital, Kilpauk, and after examination he was referred to Royapettah Government Hospital, wherein he was admitted on 28.11.2009. After perusal of the reports, the Medical Officer, Kilpauk Mental Hospital, opined that the detenu is normal. Thereafter, he was produced before the Judicial Magistrate and remanded to judicial custody for 15 days. The allegations made by the petitioner in her affidavit were denied and it has been specifically stated that the detenu was not under the illegal custody of the 2nd and 3rd respondents. 10. The petitioner has filed a further affidavit to-day, wherein apart from reiterating the facts stated in the earlier affidavit, she has stated that they are having permanent residence and having two children. Her eldest son Sathish is studying in Vel Tech Polytechnic, Avadi and another son Naresh is studying in St. https://hcservices.ecourts.gov.in/hcservices/ Johns Matriculation School, Thirumullaivoyal, Chennai. She has further stated that one Sindhu @ Ethiraj had paid Rs.1,00,000/- on 25.11.2009, who is a business partner of the detenu. On 26.11.2009, the third respondent had recovered a gold watch and gold ring of the detenu, which were pledged with pawn brokers and on the strength of those articles a case was foisted. It was further alleged that the Hero Honda Splendor motor cycle of the detenu was also seized. The petitioner has further stated that there are swellings on the hands of the detenu and lathy marks on the body and further his head was dashed against the wall and sustained injuries on his head as well as all over body and because of that he could not answer the question of the Magistrate. Finally the petitioner has prayed for a direction to pay adequate compensation to the detenu, besides launching prosecution against the respondents. 11. From the above facts of the case and the statements made by the victim as well as the petitioner, we are prima facie satisfied that this is a clear case of police atrocity committed against the husband of the petitioner. From the conversation made by us with the detenu, it is clear that the detenu is not an insane person or mentally affected person as the respondents have alleged in their status report. Even at the time of examination of the detenu, he is having swelling on his hands. Further, the examination of the detenu as well as the petitioner reveals that the petitioner is a man of means, having permanent residence, doing a decent business in real estate, having two children studying in reputed educational institutions. From the case diary produced before us it is also apparent that the complaint was made on 29.3.2009 and the detenu's name does not find place in the First Information Report and, it may be a case foisted against the detenu, as alleged by the petitioner. 12. Since we are prima facie satisfied that it is a case of police atrocity, in order to know the root-cause or otherwise of the matter, we think it appropriate to issue a direction directing the Principal District Judge, Tiruvallur, to enquire into the matter and submit a report within a period of fifteen days from the date of receipt of a copy of this order. 13. Taking into consideration the facts and circumstances of the case and the statements made by the detenu and the petitioner and the atrocity caused to the detenu, we are of the prima facie opinion that the detenu is seems to have been falsely implicated as an accused and, therefore, pending receipt of the report from the Principal District Judge, we deem it appropriate to set the detenu Arunkumar S/o. late Nagaiah, at liberty, on completion of the necessary formalities before this Court, forthwith. However, the detenu is directed to appear before the trial court in connection with the case registered in Avadi Police Station Crime No.242/2009, as and when required. https://hcservices.ecourts.gov.in/hcservices/ This matter shall be listed after receipt of the report from the Principal District Judge, Tiruvallur. dpk Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Principal District Judge, Tiruvallur. 2. The Commissioner of Police, Chennai Sub-urban,St. Thomas Mount, Chennai 600 016. 3. The Inspector of Police, Tirumullaivoyal Police Station, Thiruvallore District. 4. The Inspector of Police, T-7 Avadi Camp Police Station, Avadi, Thiruvallore District. 5. The Public Prosecutor, High Court, Chennai. 6. The Superintendent, Central Prison, Puzhal, Chennai. Copy to: The Section Officer, Criminal Section, High Court, Madras. + 1 cc to Mr.R.Sankarasubbu, Advocate SR No.66401 KSJ(CO) SR/8.12.2009 H.C.P.No.2108 of 2009 https://hcservices.ecourts.gov.in/hcservices/