SIVA RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (JUDGMENT of the Court was delivered by F. M. IBRAHIM KALIFULLA,j)The appellants are aggrieved against the order of the learned single Judge, dated 12. 06. 2007, passed in W. P. (MD)Nos. 3455 and 3456 of 2007. The issue relates to the alleged torture by the concerned police, who have been arrayed as respondents in the writ petitions, inside the police station between 06. 01. 2007 and 09. 01. 2007 in which the appellants are stated to have been handcuffed and kept under illegal custody. Based on the said allegation, the appellants prayed for a direction for payment of compensation to an extent of rs. 2,00,000/- and to prosecute the delinquent police officials on the basis of fair and impartial investigation apart from necessary disciplinary action against them for wrongful confinement and torture.

(2.) ACCORDING to the appellants, there was a tussle between them and their neighbour, that in respect of the said occurrence a false case was registered against them in Crime No. 269/2006 under Section 379 IPC on 09. 12. 2006, that on the same day they were arrested and remanded to judicial custody. It is stated that they came out on bail on 28. 12. 2006 and 21. 12. 2006 respectively, subject to the condition that they should appear before the 9th respondent daily at 10. 00 a. m. It is further stated that when on 24. 12. 2006 the appellant in W. A. No. 543/2007 went to the Ambilikai Police Station to comply with the bail condition, there was a demand of bribe and when he refused, he was tortured. It is further claimed that the illegal action of the concerned police was reported to the Superintendent of Police, Dindigul, by way of a telegram. It is further stated that subsequently also there was torture by the officials of Ambilikai Police Station and that on 07. 01. 2007 around 9. 30 a. m. they were taken into illegal custody and thereafter taken to Chathirapatty Police station, where they were tortured by handcuffing and also by mercilessly beating them. It is also stated that by tying their hands behind with dhotis they were kept in hanging position from the roof top while simultaneously they were beaten up with baton and thereby causing severe injuries. It is further stated that subsequently, after two days, the police registered another false case in Crime No. 11 of 2007 against them and produced them before the Judicial Magistrate and thereafter they were remanded to judicial custody. It is stated that due to torture meted out to them inside the police station, they suffered grievous injuries, for which they were treated both in the Government Rajaji Hospital as well as Meenakshi Mission Hospital, madurai for more than a month.

(3.) IT is on the above said basis, the appellants came forward with the writ petitions seeking for the relief of payment of compensation to be payable by the contesting police officials as well as the State. The learned single Judge took the view that the discharge summary of the Meenakshi Mission hospital dated 06. 02. 2007 did not disclose any evidence of serious injury as claimed by the appellants and that there was no case made out for torture or wrongful confinement by the police concerned. The learned Single Judge, therefore, held that no relief as prayed for by the appellants can be granted by this Court under Article 226 of the Constitution of India.