STATE Vs. DEENADAYALAN

JUDGEMENT

(1.) The appeal has been filed by the State against the order of acquittal passed by the learned Additional District and Sessions Judge, (Fast Track Court No.I), Chennai, in S.C.No.268 of 1995 dated 29.05.2002.

(2.) The brief facts of the case are as follows: The present case has a chequered history. Nine TADA detenue who were supporters of LTTE and who have been detained in a special cell in Central Prison, Madras, escaped on 27.02.1995 at about 22.15 hours by climbing over the wall by using cloth ropes and iron rods. Immediately the Superintendent of Central Prison preferred a complaint in Chintadripet Police Station and a case was registered in Cr.No.354 of 1995 under Sections 223 , 224 , 34 , 109 of IPC and Section 14 r/w 3 and 4 of Foreigners Act , 1946.

(3.) In his complaint the Superintendent of Central Prison has stated that while he was in his house, he received a telephonic message on 27.02.1995 at about 22.30 hours that nine TADA (LTTE) prisoners who were lodged in the second special cell have escaped from Central Prison. On that information, he rushed to the Central Prison at about 22.50 hours and visited the spot and found live TADA detenue who were kept in second special cell no.2 upstairs and also four TADA detenue who were kept in cell no.3 of the first floor, totally 9 TADA detenue escaped. He has further stated that the detenue have manhandled Warden Chelika Mastan and Warden Raj and tied them with piece of clothes and put them inside the cell while they were escaping from the Central Prison near Park Railway Station by using cloth ropes, bedsheet and iron rods.