N. CHELLASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE prayer in this writ petition is seeking a mandamus, directing the respondents to initiate action against the policemen, who had confined and tortured the petitioner at Pudukkadai Police Station, Kanyakumari District, in between 05.06.2007 and 09.06.2007.

(2.) THE case of the petitioner is that on 05.06.2007 at about 12.30 p.m., the policemen attached with Pudukkadai Police Station, came to his house and took him to the police station under the guise of an enquiry in connection with a criminal case. It is stated by the petitioner that after reaching the police station, the policemen removed all his dresses and chained him. It is also stated that one police, by name Thanga Nadar removed his ring weighing 1/4 sovereign. They accused the petitioner that he was involved in a theft case and compelled him to accept the guilt. The petitioner pleaded ignorance. The Sub Inspector of Police had beaten the petitioner and also abused him with filthy language. They confined the petitioner for five days and tortured him in a cruel manner.

(3.) THE second respondent filed a counter affidavit, in which it is stated that the petitioner was arrested on 09.06.2007 and as per his confession, the stolen property weighing 6 sovereign was recovered from his house. At the time of visiting of the Advocate Commissioner, the petitioner was in police custody. It is also denied that the petitioner was arrested before five days.