B SHANGARI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court, one Mrs. B. Shangari, wife of Bakiyanathan, has brought forth this petition seeking for a direction to the 3rd respondent for the production of her husband Bakiyanathan and also one Ganesan, the brother of her husband, before this Court and to set them at liberty.

(2.) The affidavit filed in support of the petition is perused. The Court heard the learned Counsel for the petitioner, Counsel appearing for respondents 4 and 5 and also the Additional Public Prosecutor appearing for the State.

(3.) The grievance ventilated by the petitioner, as could be seen from the affidavit, is that on 23.01.2009 her husband Bakiyanathan and the brother of her husband Ganesan went to Judicial Magistrate Court No. II, Dindigul, for complying with the condition regarding the anticipatory bail order passed by this Court in Crl.O.P.(MD)No.12622/2008, dated 06.01.2009; that after surrendering and complying the sureties, their Advocate came outside the Court premises to have lunch along with the detenus; that when they were just returning to the Court, the 4th and 5th respondents, along with henchmen and rowdy elements, kidnapped both the detenus and from that time onwards the whereabouts of the detenus are not known; that immediately the Advocate of the detenus sent telegraphic messages to the police officials concerned and also gave a detailed complaint to the 3rd respondent police; that since the concerned police officers have not taken any action against the culprits involved, based on the complaint given by the Advocate of her husband, she gave a telegram and also a detailed complaint to respondents 1 to 3 on 29.01.2009 and even then no action was taken; that already HCP(MD) No. 54/2009 has been filed by the Advocate of her husband and since he is a practising Advocate, he would withdraw the said petition and therefore the present petition preferred by her has got to be considered.