- (1.) THE petitioner is the wife of one Yohavasudevan. In this writ petition, the petitioner seeks for a direction to permit her husband Yohavasudevan who is now detained in the Central Prison, in connection with Cr.No.96 of 2008 registered by the Inspector of Police, Aruppukottai Police Station - the fourth respondent, to participate in the Aruppukottai Panchayat Union Council Meeting scheduled to take place on 24.08.2012 at 11.00 a.m.
(2.) IT is stated by the petitioner that the fourth respondent - the Inspector of Police, Aruppukottai Police Station, had registered a criminal case in Cr.No.96 of 2008 and arrayed the husband of the petitioner as first accused. The case was registered in respect of an event took place on 02.04.2008 and the investigation has been transferred to C.B.C.I.D on 09.03.2009. Her husband surrendered before the learned Judicial Magistrate, Kamuthi, on 26.06.2012 and under of the learned Judicial Magistrate, Kamuthi, he is now detained in custody. Subsequent application for bail was also dismissed by the Sessions Court as well as by this Court and the investigation is yet to be over. It is stated that the petitioner being the Chairman of the Panchayat Union, he has to conduct the Council Meeting within 60 days and a direction has been issued by the Block Development Officer, Aruppukottai Panchayat Union to conduct the meeting. Since it is the statutory requirement, he has to attend and convene the meeting. The petitioner earlier filed W.P.(MD)No.9368 of 2012 seeking for similar permission. This Court, by order dated 10.07.2012 directed the permission to be granted to the husband of the petitioner to participate in the Council Meeting scheduled to be held on 11.07.2012 until the proceedings of the meeting is over with police escort. Therefore, in the light of the earlier order, a similar direction is sought for.
(3.) HOWEVER , this Court is not inclined to entertain this writ petition at the instance of the wife of the prisoner who is lodged in the Central Prison. Once the person is detained and in custody, unless he is released on bail or on other circumstances, certain reprieve is given either by the Government or the Court, the question of the petitioner's husband exercising his civic right as if there is no detention against him, will not arise. Only in extreme case, such a detention will also indirectly affect the office held by him, the Court may show certain indulgence.;