KRISHNAMMA Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, mother of two detenus herein, has filed this petition alleging that her sons viz. Raja Reddy and Narayanan alias Narayana Reddy have been detained in Sub Jail, Tiruvellore illegally and prays to produce them before this Court and set them at liberty.

(2.) It is alleged that the petitioner's son Raja Reddy got married one Malliswari alias Sujata, who left the house on 12-4-1998 on her own, and subsequently, a complaint was lodged with Edurukuppam Police Station, Chittoor District, Andhra Pradesh state, in Cr. No. 33 of 1998 for an offence under Section 498-A, I.P.C. and 'women missing'. It is alleged that on 29-4-1998, the Village Administrative Officer of Tiruttani taluk approached the Sub Inspector of Police, Pallipet Police Station and informed about the finding of the half burnt body of a woman in the forest area and the Sub Inspector of Police, after verification registered a case in Cr. No. 216 of 1998 under Section 302, I.P.C. and informed the same to the second respondent herein. It is further stated that the said Malliswari was seen alive on 26-5-1998 at Tirupati and she had been handed over to the Karvet Nagar Police Station and in her statement under Section 164, Cr. P.C. she had stated that the detenus were in no way responsible for her leaving the matrimonial home. A news item was published in English daily on 1-6-1998 and the petitioner sent telegrams to the Chief Justice of India, New Delhi and to the Chief Justice, High Court, Madras on 5-6-1998, regarding the illegal detention of the detenus and about the fact of the victim girl seem alive. Still the petitioner's sons are in illegal detention. In this H.C.P. the petitioner prays to produce the detenus before this Court and to set them at liberty and also claims compensation.

(3.) A detailed counter-affidavit has been filed. It is stated in the counter-affidavit that on the information of the Village Administrative Officer, a case was registered and investigation took place. It has been stated that Raja Reddy, one of the detenus herein, gave a voluntary statement and a knife, a gunny bag and a motor cycle were seized, that on the basis of the voluntary statement of Raja Reddy, his brother Narayanan alias Narayana Reddy was interrogated and both the detenus were arrested on 24-5-1998 and produced before Judicial Magistrate No. 1, Tiruttani for remand, and they were remanded till 15-6-1998. It has been further stated that Sengaya Reddy, the father of Malliswari, has further stated that the girl should have been murdered by her husband, Raja Reddy and his family members. Malliswari and Raja Reddy were seen together at 8.00 p.m. on Sunday on 16-5-1998. Other witnesses also reiterated the same statement. It is further stated in the counter-affidavit that on 9-6-1998, when it came to the notice that the said Malliswari is not dead, but alive, she was enquired. It is also stated that Malliswari had stated that unable to bear the ill-treatment and the harassment at the hands of the detenus, she left the matrimonial home. On 10-6-1998, a report had been filed before the Judicial Magistrate No. I, Tiruttani requesting to drop the proceedings and accordingly actions were dropped against the detenus and bail was granted to the detenus in Crl. O.P. No. 8447 of 1998 on 11-6-1998.