POOVAYI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing,the arguments of R. Alagumani Advocate for the petitioner and of The Public Prosecutor, on behalf of the respondents the Court made the following order: The prayer in this Miscellaneous Petition is to direct the respondents not to put handcuff to the petitioner's husband, while transmtting the detenu from Madurai Central Prison to the Advisory Board, Chennai and to Courts and back to the Madurai Central Prison.

(2.) IN the affidavit filed in support of the Miscellaneous Petition, it is stated by the wife of the detenu - Boomi @ Boominathan that the police officials put handcuff to the detenu. Before handcuffing the detenu, no permission from the learned Judicial Magistrate was obtained and without any authority, the police officials handcuffed the detenu, which is in violation of the judgment of the Hon'ble Supreme Court in the decision in Citizen for Democracy through its President v. State of Assam and Others AIR 1996 SC 2193 : (1995) SCC (Cr) 600:LNIND 1995 SC 602: (1995) 2 MLJ 66.

(3.) SINCE there is tacit admission in the counter affidavit filed by the Commissioner of Police, Madurai City that the detenu was hand cuffed, we have directed the learned Additional Public Prosecutor to give instruction to the above said two Police Constables, i.e., AR PC 2667 M. Noushad Khan end AR PC 1505 S. Suresh, to appear before this Court. Accordingly, the above said two Police Constables appeared before this Court and submitted that without noticing the implication of law, they have handcuffed the detenu and they will not repeat the same in future, without prior permission from the learned Judicial Magistrate concerned.