BABY RAVI Vs. HOME SECRETARY

JUDGEMENT

(1.) THE petitioner is the wife of the detenu, by name P. Ravi, who is a social worker and Organising Secretary of "tamilar Thanmana Peravai". According to the petitioner, the detenu/her husband was objecting to the brutal custodial murder of one Dhanasekaran on 1. 11. 2001 at the Thiruvarur Police Station and also sought transfer of investigation of the case to C. B. I. It is further stated that the police authorities, prejudiced by the objections raised by the detenu, foisted several false cases against him and subsequently, when he was complying with the conditions imposed to appear before the fourth respondent twice daily at 8. 30 a. m. and 7. 30 p. m. , while granting bail by this Court by order dated 31. 7. 2006 in Crl. O. P. No. 13221 of 2006, the detenu was again taken into illegal custody by respondents 5 to 7 on 26. 10. 2006 and was beaten by them brutally with iron rods, as a result, his right leg was broken and there were also multiple fractures on his right leg, which necessitated the petitioner to move the above Habeas Corpus Petition.

(2.) THIS Court, by orders dated 29. 11. 2006, 1. 12. 2006, 5. 12. 2006, 8. 12. 2006, 10. 1. 2007 and 24. 1. 2007 passed interim directions by directing the respondents police to give all necessary medical treatments to the detenu in the Government Hospital as well as in the Apollo Hospital. It is not in dispute that the detenu had satisfactory treatment in the hospitals.

(3.) BUT, according to the learned Additional Public Prosecutor, on 26. 10. 2006, when the fifth respondent chased the detenu to arrest him in connection with Crime No. 618 of 2006 on the file of the 5th respondent police, the detenu crossed a railway track, fell down and suffered fracture. Thereafter, the fifth respondent police arrested him. Of course, this submission of the learned Additional Public Prosecutor is strongly disputed by Mr. R. Sankarasubbu, learned counsel appearing for the petitioner. Be that be. Concededly, the detenu was released on bail on 2. 1. 2007 by an order of the learned Judicial Magistrate, Kumbakonam and from then onwards, the detenu was no more in the prison nor he was under the illegal custody of the respondents police. Strictly speaking, by such release, this petition for Writ of Habeas Corpus had become infructuous. But, the story did not come to an end with that.