GNANAVATHY Vs. SUPERINTENDENT CENTRAL PRISON PALAYAMKOTTAI TIRUNELVELI DISTRICT

JUDGEMENT

(1.) HUMAN ingenuity appears to be boundless, but the unpleasant fact in this case is that it serves the cause of criminality as well.

(2.) THE petitioner Tmt.Gnanavathy, the wife of one Murugesan, seeks the production of her husband. According to her, he was arrested on 15.3.2004 at about 11.15 p.m. in connection with Crime No.123 of 2004 for alleged offences under Section 65 of the City Police Act and under Section 25(1)(A) of the Indian Arms Act and was remanded to judicial custody. THE case was taken on file by Judicial Magistrate No.II, Tuticorin, in C.C.No.440 of 2004 who acquitted him on 15.3.2004. According to the petitioner, her husband was acquitted on the question of identity. THE prosecution had shown the name of the father of the accused as Kasi THEvar, whereas, his father's real name is Sankaramuthu THEvar. But in spite of acquittal, he was not let free but kept in custody at the Central Prison, Palayamkotai. Hence, the petition.

(3.) THE various contentions raised in the affidavit in support of the petition had been denied by the respondent. THE reference to the passport and the renewal of the passport were also denied.