RAJESWARI Vs. SUPERINTENDENT OF POLICE, VIRUDHUNAGAR

JUDGEMENT

(1.) THE petitioner is the wife of one Yohavasudevan. In this writ petition, the petitioner seeks for a direction to permit her husband Yohavasudevan who is now detained in the Central Prison, in connection with Cr.No.96 of 2008 registered by the Inspector of Police, Aruppukottai Police Station - the fourth respondent, to participate in the Aruppukottai Panchayat Union Council Meeting scheduled to take place on 24.08.2012 at 11.00 a.m.

(2.) IT is stated by the petitioner that the fourth respondent - the Inspector of Police, Aruppukottai Police Station, had registered a criminal case in Cr.No.96 of 2008 and arrayed the husband of the petitioner as first accused. The case was registered in respect of an event took place on 02.04.2008 and the investigation has been transferred to C.B.C.I.D on 09.03.2009. Her husband surrendered before the learned Judicial Magistrate, Kamuthi, on 26.06.2012 and under of the learned Judicial Magistrate, Kamuthi, he is now detained in custody. Subsequent application for bail was also dismissed by the Sessions Court as well as by this Court and the investigation is yet to be over.

(3.) HOWEVER , this Court is not inclined to entertain this writ petition at the instance of the wife of the prisoner who is lodged in the Central Prison. Once the person is detained and in custody, unless he is released on bail or on other circumstances, certain reprieve is given either by the Government or the Court, the question of the petitioner's husband exercising his civic right as if there is no detention against him, will not arise. Only in extreme case, such a detention will also indirectly affect the office held by him, the Court may show certain indulgence.