MUNISAMY Vs. STATE

JUDGEMENT

(1.) The petitioner in this Habeas Corpus Petition is the friend of the detenus Chandrasekar and Sheik Babu. On 6-12-1985 at 7 p.m. at Madavala Check Post, (1) Dhadha alias Abdul Razack (since absconding), (2) Thiagarajan, (3) Sekar alias Chandrasekar (4) Muniappan, (5) Sheik Babu and (6) Venkatesan, who turned as approver in this case, boarded a lorry No. TNJ 9986 and on the way near Orappam village on Krishnagiri-Madras Main Road, they forcibly stopped the lorry and committed murder of both the driver and cleaner of the lorry and committed theft of new textile goods from the lorry, burnt and defaced the faces of the deceased persons to screen the evidence for murder. For the aforesaid occurrence, a case was registered under Sections 302, 396. 201, 411 and 120-B of Penal Code by the Maharajakadai Police Station. After the trial in SC No. 25 of 1987, the accused, Thiagarajan, Sekar alias Chandresekar, Muniappan. Sheik Babu were convicted and sentenced to death by hanging whie A-7 Vadukachetti was convicted and sentenced to one year R1 for the offence of receiving the stolen property under Sec. 411 IPC. A-6 Venkatesan was released since he had been turned approver and testified for prosecution. A-1 Dhadha alias Abdul Razack is still absconding.

(2.) In RT No. 12 of 1987 this court set aside the conviction and sentence passed in SC No. 25 of 1987 by judgment dated 22-6-1989 and E ordered retrial of the case. As per the direction given by this court the records were despatched to Sessions Court, Krishnagiri. The records were lost in transit and the same was reconstructed as directed by this court. The M trial was directed to be completed within four months from the date of the judgment. In the H mean while in WP.No. 5380 of 1990, this court released (1) Chandrasekar, (2) Sheik Babul and (3) Muniappan on conditional bail.H Chandrasekar and Sheik Babu had violated the conditions of the bail and hence they were re-arrested on NBWs issued by the court on 27-1-1992. Crl. OP. Nos. 13438 and 14016 of 1993 filed before this court, seeking to enlarge these accused persons on bail, who are the detenus herein were dismissed on 12-1-1994. Cri. OP. No. 3558 of 1994 and 7234 of 1994 were filed seeking bail and the same was dismissed as withdrawn on 14-6-1994. Chandrasekar and Sheik Babu filed Cri. OP No. 3889 of 1993 seeking to quash the new trial proceedings. This petition was also dismissed on 13-12-1994. It is there after the present Habeas Corpus Petition was filed.

(3.) Learned counsel Mr. R. Sankarasubbu appearing for the petitioners submitted at under :