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

9. The Commissioner of Police, Tirunelveli City, has further submitted that on the complaint
of Lakshmanan, father of the deceased, a case in Thachanallur Police Station in Cr.No.882
of 2003 under Section 174 of Cr.P.C. was registered on 16.06.2003 and that the same was
investigated by the Revenue Divisional Officer, Tirunelveli. Postmortem examination was
conducted over the dead body. At the time of filing of the counter affidavit, the enquiry report
of the Revenue Divisional Officer, Tirunelveli, was awaited. According to the 8th respondent,
in the meantime Maria Sujatha escaped from the illegal custody of Santhosh, from the
house of one Mr.Daniel, a friend of Santhosh and she preferred a complaint to
Palayamkottai Police Station on 15.06.2003 that she was kidnapped and by threat and
force, she was raped by Santhosh at Madurai. On the basis of her complaint, a case in
Crime No.1562 of 2003 under Sections 366, 506(i) and 376 IPC was registered on the file of
Palayamkottai Police Station and that the case is pending trial.
10. The 8th respondent has further submitted that Kuttiappan @ Bhoominathan and Nainar
accompanied the police party for the purpose of identifying and to show the hideouts of the
absconding person Santhosh and the deceased was never tortured by the police. According
to him, the deceased was not in wrongful confinement, tortured, harassed or illtreated and
both the deceased and the said Nainar, only accompanied the police party to identify and
point out the probable hideouts of the absconding Santhosh. As the investigation into the
death of Kuttiappan @ Bhoominathan in Crime No.882 of 2003 on the file of Thachanallur
Police Station and the enquiry under P.S.O.145 (New Edition PSO 151) was pending at the
time of filing of the counter affidavit, with Government, the 8th respondent has submitted
that the writ petition is premature and therefore, prayed for dismissal.
11. Heard the learned counsel appearing for the parties and perused the materials available
on record.
12. The counter affidavit of the incharge of Commissioner of Police, Tirunelveli City, has
been filed in the year 2006, before the order of the Government in G.O.Ms.No.1400, Public
(Law and Order-E) Department, dated 30.11.2006, wherein, the Government after
considering the enquiry report under P.S.O.145 (New Order P.S.O.151) have found that the
deceased had been taken to the police station on 14.06.2003 and contrary to the Rules,
detained in Palam Police Station throughout the night.
13. On perusal of the statements of the police officials and the documents, the Government