UNION TERRITORY OF PONDICHERRY Vs. M LATUCHUMANAN

JUDGEMENT

(1.) THIS writ appeal has been preferred against the order dated 29. 10. 2004 passed in W. P. No. 4716 of 1997 on the file of this Court.

(2.) THE case of the writ petitioner is that on 29. 10. 1996, when he was proceeding towards the school via Thirukkanur police station, Mr. Arumugam, the Sub Inspector of Police arrested him. On the same day in the mid night, the petitioner was directed to come out of the lock-up and the Inspector threatened the petitioner. He had directed the police personnel present there to beat the petitioner. The Sub Inspector also instigated others to beat the petitioner. Immediately the Head Constable started beating the petitioner with lathi indiscriminately all over the body, as a result of which, he swooned. At about 4. 00 a. m. , when he was woken up, he found himself in the lock-up with bleeding injuries all over the body. His shirt and dhothi were fully drenched in blood due to the injuries. Thereafter, the petitioner was offered colour shirt and white dhothi and before putting them on, his bleeding injuries were washed with water.

(3.) THE further case of the writ petitioner is that on 30. 10. 1996, when he was produced before the Magistrate, the petitioner had shown the injuries sustained by him the previous night at the hands of the police personnel. The Magistrate directed the police to take the petitioner to the Government Stanley Hospital, where he was medically examined and found that he has sustained six injuries and the Chief Medical Officer, who conducted the medical examination, directed to admit the petitioner as in-patient. On 1. 11. 1996 at 2. 00 p. m. , he was discharged.