Eswaran -Judgment CDJ 2010 MHC 6929.pdf - People's watch

said santhosh and Maria Sujatha got their marriage registered on 05.06.2003 at
Palayamkottai. The Police Constable Chellaiah, preferred a complaint to Palayamkottai
Police Station alleging that santhosh had kidnapped Sujatha. He has also made a
representation to the then Commissioner of Police, who in turn entrusted the same to the
Inspector of Police, Palam Police Station.
3. The petitioner has further submitted that one Arumuga Nainar, maternal uncle of the
abovesaid santhosh runs a grocery shop at Manimoortheeswaram. On 14.06.2003, about
10.30 p.m., when he was closing the shop, a police jeep came there with 8 constables of
Palam Police Station, Tirunelveli, and asked him to take them to Kuttiappan @
Bhoominathan's house. The Police Constables were not in uniform. When the said Arumuga
Nainar, took the police to Manimoorthieeswaram, a village meeting was going on. The
deceased Bhoominathan was also present. When the police wanted to take him, the
villagers told the constables that they would bring both santhosh and Kuttiappan @
Bhoominathan on the next day morning. However, the said Kuttiappan @ Bhoominathan
was taken by the police in the jeep.
4. The petitioner has further submitted that on the next day morning ie. on 15.06.2003,
about 9.00 a.m., Arumuga Nainar along with one Baliah went to the police station and they
saw the said Kuttiappan @ Bhoominathan, in a weak condition. On seeing them, Kuttiappan
@ Bhoominathan told them that policemen had beaten him up. On the same day, about
1.00 p.m., the constables whispered among themselves that santhosh and the girl had
surrendered themselves in Palayamkottai Police Station and thereafter, the constables told
that all of them can go home and sent accordingly them back.
5. The petitioner has further stated that when she enquired Kuttiappan @ Bhoominathan as
to why he appeared to be so weak, he told that the policemen of Palam Police Station, hit
him with lathis on his thigh, chest and stamped him on the groin. There was a blood clot in
his left chest region and scratches on his thigh region. On the next day morning i.e. on
16.06.2003 by 6.00 a.m., the petitioner tried to wake up Kuttiappan, but he did not wake up.
Immediately, the neighbours came there and hired an auto rickshaw and took him to
Subramanian Hospital, Tirunelveli Junction. The doctor, who examined him told them take
him to Government hospital. Thereafter, he was taken to Tirunelveli Government Hospital,
where he was declared as dead.