MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This case reveals the sufferings of a poor Tamilian girl aged 19 right from the midnight of 14-10-1981. The subject- matter of the case is a strip of land at Chittoor in between a temple and the residence of one Mahalinga Iyer. It is by the side of a public road having Bus traffic. The girl was waiting by the side of the road for catching bus. The Sub-Inspector of Police, Chittoor Police Station, saw her at 11.30 p.m. in the above land, which he described as the courtyard between the temple and the residence mentioned above. It is not specified in the petty charge whether the land is temple property or attached to the residential building of Mahalinga Iyer. Anyhow, according to the Sub-Inspector, she was there "withot reasonable excuse". The petty charge was laid before the Judicial Magistrate of the II Class, Chittoor, alleging commission of offence punishable under S. 47 of the Kerala Police Act.

(2.) . Revision petitioner's case is that while she was waiting there for bus, she was taken to custody, kept in the police lockup and produced before the Magistrate the next day. But the police version is that she was not taken to custody and was only directed to appear before the Magistrate the next day.

(3.) Section 47 of the Kerala Police Act reads thus: