PRABAVATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking for a direction to the respondents to pay compensation of Rs.5 Lakhs to the petitioner for the death of her husband E.Nanjappan in the judicial custody.

(2.) When the matter came up on 25.7.2008, this Court directed the learned Additional Government Pleader to take notice and subsequently, when the matter came up on 24.10.2008, this Court directed production of the case files in Crime Nos.12 of 2008, 903 of 2007 and 1316 of 2007 as well as the post mortem report conducted on the body of the petitioner's husband and the report of the Revenue Divisional Officer, Trichy. Thereafter, after several adjournments, the documents directed to be produced were furnished to this Court.

(3.) 3.1. The case of the petitioner was that her husband was a retired Fire Officer hailing from Krishnagiri District. On 4.1.2008, the second respondent arrested him on suspicion and he was taken to the police station along with motorcycle. On 4.1.2008 and 5.1.2008 her husband was illegally detained by the said police and was badly beaten by one Ambigabathy, Deputy Superintendent of Police (Vigilance) as well as other police personnel. The arrest of her husband was not intimated to anyone. On 6.1.2008, a FIR was registered in Crime No.12 of 2008 in the second respondent Police Station and he was also remanded to judicial custody by the learned Judicial Magistrate II, Trichy at 8 p.m.