SILAMBARASAN Vs. STATE OF TAMIL NADU
LAWS(MAD)-2013-6-55
HIGH COURT OF MADRAS
Decided on June 06,2013

Silambarasan Appellant
VERSUS
STATE OF TAMIL NADU Respondents

JUDGEMENT

- (1.) A person, who has been enquired by the police on suspicion regarding a decoity involving huge quantity of 37 Kilograms of Gold in M/s.Muthoot Finance Company, is before this Court seeking a compensation of Rs.5,00,000/- (Rupees Five Lakhs only) for the allegal illegal detention and injuries suffered by him at the hands of the respondents 6 and 7 and for a consequential direction to initiate the departmental action against those Constables.
(2.) THE case of the petitioner is that he is the son of Special Sub- Inspector of Police, South Gate Police Station and he is doing water business and residing in Kudal Pudur area. On 08.10.2012, at about 12.30 a.m, the respondents 6 and 7 along with other police persons insisted the Special Police Team to implicate him as if the petitioner was involved in Muthoot Finance Company theft case as there was a previous enmity between the petitioner and the respondents 6 and 7. On that day, when he was sleeping in his house along with his friend Vimal, the sixth respondent had trespassed the house without showing any warrant, beaten up the petitioner and his friend and snatched Rs.2,100/- (Rupees Two Thousand One Hundred only) from his pocket and Rs.1,100/-(Rupees One Thousand One Hundred only) from his friend's packet without the knowledge of the higher officials. Thereafter, they went to the petitioner's house and brought the key from his mother and made a search of the rental house and they took the petitioner and his friend to the police station. Due to previous enmity only, the respondents 6 and 7 beat up the petitioner with lathi and after that, under the instruction of the Deputy Commissioner of Police (Crime), they stopped beating the petitioner as they are innocents. Thereafter, on 09.10.2012, they also went to the petitioner's house at 04.45 a.m in the guise of further enquiry and broke open the bureaue and took away the salary of his father Rs.17,300/- (Rupees Seventeen Thousand Three Hundred only) and 3 sovereigns of gold chain without the knowledge of the petitioner's family members.
(3.) ON 09.10.2012, the petitioner's father came to the Deputy Commissioner of Police Office who informed the petitioner's father that they were only enquired and they were found to be not involved in the case and only on wrong information, they detained them. Thereafter, the petitioner and his friend were released. This, according to the petitioner, amounts to illegal detention and torture.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.