V SUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE two Writ Petitions are directed against the appellate order dated 22.04.2009 on the file of the Deputy Inspector General of Police, Dindigul, whereby and whereunder punishment of dismissal from service awarded by the Superintendent of Police, Dindigul, was confirmed.

(2.) THE petitioners were working as Head Constables in the Tamil Nadu Police Service. During the material time, the petitioner in W.P.(MD)No.4813 of 2009 was functioning as Head Constable in Dindigul Town South Police Station and the petitioner in W.P.(MD)No.4890 of 2009 was working as Head Constable in Ambiligai Police Station. The petitioners were directed to receive the convicts Deivendran @ Mandaivetti @ Murugan and Murugan @ Sathiya from the Central Prison, Trichy and to produce them before the learned Additional Assistant Sessions Judge, Dindigul. Accordingly, the accused were produced before the Court. The case was adjourned to 03.03.2008. The petitioners took the convicts to Dindigul bus stand, boarded the bus bound to Trichy and after putting handcuffs on the convicts, they were made to sit in the back seats. The bus was totally crowded. When the bus reached Aalampatti Pudhur near the Indian Oil Corporation Godown, at about 07.10 p.m., on 12.02.2008, the bus slowed down and immediately, the convict Deivendran @ Mandaivetti @ Murugan slipped out the handcuff of Murugan and got down from the bus and escaped. The petitioners have preferred a complaint immediately before the Inaam Kolathur Police Station, Somarasapettai in Trichy District and it was registered in Crime No.97 of 2008 under Section 224 of the Indian Penal Code.

(3.) THE petitioners, in their explanation to the charge memos, specifically pointed out that the passport issued to them does not contain any indication that the convict Deivendran @ Mandaivetti @ Murugan was a life convict and that he had already escaped twice during transit. Therefore, it cannot be said that they had not taken reasonable care, while taking the convict from the Court to the jail.