LAWS(MAD)-2013-6-195

K.JAYANTHI Vs. STATE

Decided On June 20, 2013
K.JAYANTHI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE Habeas Corpus Petition is filed to direct the first respondent to produce the body of Mr.G.Karunairaj, S/o Gnanamuthu M/50 years, before this Court from the illegal and unlawful custody of respondents 6 and 7 and set him at liberty and restore the custody to the petitioner.

(2.) IT is the case of the petitioner that on 21.8.2011, she came to Chennai with her husband Karunairaj and three children, namely (i) Shyamala, aged 19 years, female, (ii) Tika Devan, aged six years, male and (iii) Bumiputeri, aged five years, female, for shopping for her younger daughter's ear boring function and they were staying as family in Hotel Aravind Residency at Ekatuthangal, Chennai. While so, in the midnight, a team of Police Officers in un-uniform, headed by an Inspector called Chandrasekar of Central Crime Branch, Coimbatore City, the seventh respondent herein, suddenly banged the hotel room doors and when the petitioner opened, they pushed her down and entered their room. Thereafter, the petitioner was informed that they were Crime Branch Police Officers from Coimbatore and they asked her husband to speak to the then Commissioner of Police Mr.Sylendrababu, the sixth respondent over mobile phone personally and then there were some orders over phone to the said Inspector Chandrasekar, and thereafter, she alleges that there was torture to them. Since her husband was on Court bail in all other cases, on 9.6.2013, when he came out from the Prison, he was kidnapped in Bolero Jeep by some unknown persons and his whereabouts were not known. The petitioner gave a complaint to the fifth respondent, who took the complaint, but failed to register any case, and hence, on 10.6.2013, the petitioner gave complaints to the respondents 1 to 3 and 5 by Registered Post. Since no action was taken to trace the petitioner's husband, she has filed this Habeas Corpus Petition for the above relief.

(3.) THE said Government Order was challenged by the detenu-G.Karunairaj before this Court in W.P.No.27221 of 2011 and a learned single Judge, by order dated 29.2.2012, allowed the said Writ Petition, holding as follows: