Skip to content


T. Sivanatham Vs. The State of Tamil Nadu, Rep by its Principal Secretary to Government and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberH.C.P.[MD].No. 733 of 2016
Judge
AppellantT. Sivanatham
RespondentThe State of Tamil Nadu, Rep by its Principal Secretary to Government and Others
Excerpt:
.....the petitioner went to the hospital on his own with injuries and got admitted at the government hospital, alangudi. it was only on receipt of intimation from the government hospital, alangudi, the police rushed to the hospital, recorded the statement and on returning to the police station, the present case was registered. he has further stated that no such signature of the petitioner was obtained in any blank paper. he has further stated that neither he nor the sub-inspector of police admitted the petitioner in the government hospital, alangudi. he has further stated that during the course of investigation, since there were prima facie materials to substantiate the allegations in the case in crime no.289 of 2015, mr.boopathikarthikeyan and mr.duraiguna @ gunasekaran, were arrested by.....
Judgment:

Prayer: Habeas Corpus Petitionis filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus or any other Writ and pass suitable direction or order as follows:-

A.directing the Superintendent of Sub-Jail at Pudukkottai to produce Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran, who were remanded by the learned Judicial Magistrate, Alangudi in Crime No.187 of 2016, on the file of the Karampakudi Police Station, on 10.06.2016 before this Court

B. directing the respondent Nos.1 to 4 to protect the life and liberty of Mr.Boopathikarthikeyan and Duraiguna @ Gunasekaran.

C. Directing the respondent Nos.1 and 2 to submit a detail report at earliest to this Hon'ble Court with regard to the violations committed on Mr.Boopathikarthikeyan and Duraiguna @ Gunasekaran and pay the compensation for the violation as this Hon'ble Court may fix.

D. issuing any other order direction as this Hon'ble Court may consider fit and proper in the circumstance of this matter.)

S. Nagamuthu, J.

1. The petitioner has come up with this Habeas Corpus Petition seeking to set at liberty Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran, who were remanded to judicial custody by the learned Judicial Magistrate, Alangudi, in connection with a case in Crime No.187 of 2016, on the file of the Karampakudi Police Station, on 10.06.2016 and for other relieves.

2. According to the petitioner, on 09.06.2016, at about 09.00 PM, one Mr.Miyappan, the then Sub-Inspector of Police, Karampakudi Police Station, came to his resident and asked him about the problem between him and his relative one Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran. He has further stated that he explained to the Sub-Inspector of Police about the real issues. It is further stated that the Sub-Inspector of Police also assured him to settle the matter through the Inspector of Police and then, he took the petitioner to the Alangudi Government Hospital and admitted him there at 09.30 PM, notwithstanding with the objection of the petitioner. At that time, the Sub-Inspector of Police again promised him that he would settle the issues between him and Mr.Boopathikarthikeyan. He has further stated that on 10.06.2016, he left the hospital.

3. According to the petitioner, while he was in the hospital, the Sub-Inspector of Police obtained his signature in a white paper. Later on, he came to know that the Inspector of Police, Karampakudi Police Station, registered a case in Crime No.187 of 2016, under Sections 314, 294(b), 323, 324 and 506(ii) of the Indian Penal Code, as though the petitioner had made a complaint against Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran. He has further stated that later on, he came to know that they were arrested and produced before the learned Judicial Magistrate, Alangudi, in connection with the above case and the learned Judicial Magistrate remanded them to judicial custody. According to the petitioner, there was no such occurrence, as alleged in the First Information Report in Crime No.187 of 2016, involving Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran. He has further stated that in gross violation of human rights, the police have fabricated the records as though the petitioner had made a complaint, registered a false case and arrested Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran. With these allegations, the petitioner has come up with this Habeas Corpus Petition.

4. In the counter affidavit filed by the Inspector of Police, Karampakudi Police Station, the above allegations are stoutly denied. According to the Inspector of Police, the petitioner went to the hospital on his own with injuries and got admitted at the Government Hospital, Alangudi. It was only on receipt of intimation from the Government Hospital, Alangudi, the police rushed to the hospital, recorded the statement and on returning to the Police Station, the present case was registered. He has further stated that no such signature of the petitioner was obtained in any blank paper. He has further stated that neither he nor the Sub-Inspector of Police admitted the petitioner in the Government Hospital, Alangudi. He has further stated that during the course of investigation, since there were prima facie materials to substantiate the allegations in the case in Crime No.289 of 2015, Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran, were arrested by following the procedure established by law and they were produced before the learned Judicial Magistrate, Alangudi and thereafter, they were remanded to judicial custody. Thus, according to the counter, there is no human rights violation either in the registration of the case or in the investigation, including the arrest of Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran.

5. From the above rival contentions, it is crystal clear that there are disputed questions of fact. Whether the complaint was really made by the petitioner, whether he sustained injuries in any occurrence, whether the case records have been falsely fabricated by the police and whether Mr.Boopathikarthikeyan and Mr.Duraiguna @ Gunasekaran were involved in the crime are all matters to be investigated thoroughly. As per the Judgment of the Hon'ble Supreme Court in People's Union For Civil Liberties [PUCL] and another Vs. State of Maharashtra, reported in 2014 10 SCC 635, since there are allegations of custodial torture, namely, taking the petitioner to the Government Hospital, admitting him as an in-patient and also fabricating the false records, in order to find out the truth, in our considered view, it would be suffice, if the investigation of the case in Crime No.187 of 2016 is entrusted to an independent higher ranking officer.

6. When this was pointed out, Mr.P.Rathinam, the learned counsel for the petitioner as well as Mr.T.Mohan, the learned Additional Public Prosecutor, agreed for the said suggestion. When we invited the parties to suggest a Police Officer, the learned Additional Public Prosecutor mentioned the name of one Mr.Aravind Menon, I.P.S., Assistant Superintendent of Police, Pattukkottai, Thanjavur District, who may be entrusted with the investigation. Mr.P.Rathinam, the learned counsel for the petitioner, also agreed for the same.

7. In view of the above position, this Habeas Corpus Petition is disposed of, transferring the investigation of the case in Crime No.187 of 2016, on the file of the Karampakudi Police Station to Mr.Aravind Menon, I.P.S., Assistant Superintendent of Police, Pattukkottai, Thanjavur District, who shall thoroughly investigate the case, independently, without any bias and file a final report before the Jurisdictional Magistrate, within a period of three months from the date of receipt of a copy of this order. We make it very clear that we have not expressed any opinion regarding the allegations made by the petitioner and the stand taken by the police. We leave all the questions both on facts and law open for the Investigating Officer to investigate the matter thoroughly and to file a final report before the learned Judicial Magistrate, Alangudi.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //