ROHINI LINGAM Vs. STATE

JUDGEMENT

(1.) THE writ petitioner is the wife of Lingam @ Muthulingam. According to the petitioner, her husband was implicated as an accused in Nesamony Nagar Police Station in Crime No.27/94 for an alleged offence under Section 302 of Indian Penal Code in respect of an occurrence stated to have happened on 07.04.1994. Along with him, there were other accused and the petitioner-s husband was arrested and remanded to judicial custody during 1996 pending investigation. He was confined in the Sub Jail, Nagercoil as trial prisoner in Cell No. 8. THE application for bail filed for the petitioner-s husband was dismissed and therefore, he was in the Sub Jail, Nagercoil pending investigation.

(2.) ACCORDING to the petitioner the respondents 1 to 3 are the persons responsible in having overall control over the Sub Jail. On 09.04.1996, at about 3.10 am the husband of the petitioner, who was detained in the Cell, was murdered in the Sub Jail, Nagercoil and the crime was registered in Nesamony Nagar Police Station in Crime No.74/96 under Sections 147, 148, 448, 342, 332, 324, 307, 302 I.P.C. and Sec.25(1) of the Indian Arms Act on the complaint of the Wardon Grade II Thiru.Paul Ponnambalam of Sub Jail, Nagercoil.

(3.) IN the counter affidavit filed by the Joint Secretary to Government, Home Department on behalf of all the respondents, it is stated that Lingam @ Muthulingam S/o Vincent, husband of the petitioner was admitted in the Sub-Jail, Nagercoil on 30.07.1995, along with two, as per remand warrant dated 30.07.1995, issued by the Judicial Magistrate-I, Nagercoil in Kanyakumari Police Station Crime No.408/95 under Sections 147, 148, 332, 379, 307 of IPC and in Crime No.447/95 under Section 56 of the INdian Explosive Substances Act and Section 25(1)(b) of the INdian Arms Act. He was released on bail in Crime No.408/95 by the Assistant Sessions Judge, Nagercoil in S.C.No.5/96 dated 19.03.1996 and taken as convict prisoner. On 27.03.1996, he was released on bail in the said case and taken as remand prisoner for five cases pending against him, which are as follows:Sl.No. Crime No. & Name of Police Station Sections and Act under which remanded Court and case1. 10/92 of Eraniel Police Station 341, 302, 109 read with 34 IPC District Sessions, Nagercoil, S.C.No.102/952. 27/94 of CBCID 147, 148, 449, 302 IPC 4,5 of INdian Explosive Substances Act Judicial Magistrate II, Nagercoil, No.19/953. 106/87 of Anjugramam Police Station 147, 170, 457, 386, 395 of IPC Assistant Sessions, Nagercoil, SC.No.72/904. 17/94 of Thenthamarai Kulam, Police Station. 147, 148, 506(2) IPC Assistant Sessions, Nagercoil, S.C.No.31/95. 5. 819/92 of Kaniyakumari, Police Station 341, 302 read with 34 IPC Assistant Sessions, Nagercoil, SC.No.45/94.