LAWS(MAD)-2009-7-64

R S SRIDHAR Vs. STATE OF TAMIL NADU

Decided On July 30, 2009
R.S. SRIDHAR Appellant
V/S
STATE OF TAMIL NADU BY SECRETARY Respondents

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C seeking direction to the first respondent to pay a fair and just amount as compensation for the malicious and mischievous arrest, detention and prosecution and further direction ordering any other relief as this Honourable Court may consider fit and proper in the circumstances of this matter. The petitioner has filed the above Criminal Original for direction to the first respondent to pay a fair and just amount as compensation for the malicious and mischievous arrest, detention and prosecution and further direction ordering any other relief as this Honourable Court may consider fit and proper in the circumstances of this matter.

(2.) THE petitioner supporting his direction petition, has filed an affidavit in his name. THE petitioner states that he is a qualified doctor that the second respondent arrested and prosecuted him on a false, concocted case of procurement of medicine and other goods in Chennai City for the LTTE and to indulge in activities prejudicial to the security of the State has irrevocably damaged his life that this dishonest action of the second respondent put him to face the case in C.C.No,7493 of 1997 before the Court of XI Metropolitan Magistrate at Saidapet for offences under Section 120(B) of IPC and 13(2) of the Unlawful Activities Prevention Act of 1967 r/w.511 of IPC which ended in acquittal on September 1998.

(3.) IT was subsequently requested by the second respondent to report for an enquiry with regard to the procurement of medicines for unlawful purposes. The petitioner appeared on 08.02.1997 before the second respondent and explained the said reason for the visits to medical shop. Subsequently, he was arrested. The learned Magistrate recorded his statement and remanded him. He was released on bail on March 7, 1997, thus he had been kept in jail for a period of one month.