MALLIKA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL the Habeas Corpus Petitions are filed under Article 226 of the Constitution of India. H.C.P.No.1535 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records relating to the detention order in Memo No,264/BDF GI SSV/2008, dated 16.8.2008 on the file of the second respondent and quash the same and direct the respondents to produce the Corpus of the detenu namely Francis (now detained in Central Prison, Puzhal, Chennai) before this Court and set him at liberty. H.C.P.No.1536 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records relating to the detention order in Memo No,265/BDF GI SSV/2008, dated 16.8.2008 on the file of the second respondent and quash the same and direct the respondents to produce the corpus of the detenu namely Barath @ Bharath, S/o.Venugopal (now detained in Central Prison, Puzhal, Chennai) before this Court and set him at liberty. H.C.P.No.1537 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records relating to the detention order in Memo No,270/BDF GI SSV/2008, dated 16.8.2008 on the file of the second respondent and quash the same same and direct the respondents to produce the Corpus of the detenu namely Kumar, S/o.Rajendran (now detained in Central Prison, Puzhal, Chennai) before this Court and set him at liberty.) Common Order: ALL these petitions are inextricably interconnected with each other and hence they all have been heard together and disposed of by this common order.

(2.) ALL the three detenus, along with other accused, are alleged to have committed the offences punishable under Sections 364-A, 392, 394 and 398 IPC, for which a case in Cr.No,754/2008 has been registered by the Inspector of Police, Crime, K-10 Koyambedu Police Station. It is alleged that on 14.7.2008 night at about 9.15 p.m., all the accused persons, coming by a two wheeler and a Maruthi van, intercepted the auto bearing registration No.TN-01W-2921, wherein the defacto-complainant Balasubramanian and two others were travelling, at Koyambedu Roundana, opposite to Hotel Shan Royal, and beat the auto driver and pushed him and at the point of knife and log, threatened the defacto-complainant and two others, who were sitting in the auto with cash in their hands and assaulted them and kidnapped them in the van in which they came and also threatened the public and later they snatched the cash of Rs.40 lakhs from the defacto-complainant and one Sivamurugesan and took them to Madhavaram and underneath the Madhavaram bridge, they pushed one by one and escaped from the spot in the said van.

(3.) IT is seen from the materials placed on record that the detenus Francis and Barath @ Bharath surrendered before the XVI Metropolitan Magistrate, George Town, Chennai on 23.7.2008, in K-10 Koyambedu Police Station Crime No,754 of 2008 and they were remanded to judicial custody, which was extended till 27.8.2008. IT is also seen that both the above said detenus Francis and Barath @ Bharath were taken to police custody by the Police, by filing necessary applications before the remand Court and pursuant to the confession statement of the detenu Francis, a sum of Rs.3 lakhs was recovered from him and pursuant to the confession statement of the detenu Barath @ Bharath, a sum of Rs.2.5 lakhs was recovered from him.