RAMAMOORTHY ALIAS VANNIA ADIKALAR Vs. STATE

JUDGEMENT

(1.) Both these petitions are disposed of together since a common question has been raised.

(2.) Crl. M. P. No. 533 of 1987:- The petitioner is the sole accused in C.C. No. 260 of 1986 pending on the file of the Judicial Magistrate (erstwhile Judicial II Class Magistrate), Ambur. The respondent, who is the Sub-Inspector of Police, Law and Order, Ambur, after investigation in Crime No. 706 of 1986, filed the final report before the trial Magistrate, alleging that the petitioner had committed an offence punishable under S. 309, I.P.C. The prosecution case is that at about 3 p.m. on 8-12-1986, the petitioner commenced a fast-unto-death before the Ambur Town Police, demanding that the Inspector of Police, Ambur Town, and the District Collector, should be suspended and one Subramani of Kamma Krishnapalli vililage, had been detained under the Tamil Nadu Act 14 of 1982, must be set at liberty. The Sub-Inspector of Police arrested the petitioner at 5.30 p.m. on 10-12-1986, after Dr. Sekar of the Ambur Government Hospital examined him. The petitioner was given treatment in the hospital, which he did not ''refuse and ultimately the respondent has chosen to prosecute the petitioner, for attempting to commit suicide. The final report is dated 19-12-1986 in respect of the incident stated to have occurred between 8- 12-1986 and 10-12-1986. It is also the prosecution case that a placard was kept at the of fasting and pamphlets were also distributed.

(3.) Crl. M. P. No. 3313, of 1987:- The petitioners are the accused in C.C. No. 2 of 1987, pending on, the file of the Judicial Magistrate (erstwhile Judicial II Class Magistrate), Ambur. The charge against them is under S. 309, I.P.C., as in the other case. The facts are also similar, except that there was neither medical examination of the petitioners nor treatment offered to them in the Government Hospital, Ambur. The facts show that soon after the petitioner in Crl. M.P. No. 533 of 1987 was arrested on the evening of 10-12-1986, his followers after raising slogans in his favour vanished from the scene. Some time later, the petitioners are stated to have assembled over again making the same demands and wanting to go on hunger-strike till death. The petitioners were also arrested at or about 7.30 a.m. on 9-12-1986 after they were photographed, and they were then remanded.