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2014 Supreme(Mad) 3044

Madurai Bench of Madras High Court
S. MANIKUMAR & V.S. RAVI, JJ.
Meharraj
Versus
The State of Tamil Nadu, Rep by Secretary to Government & Others
Habeas Corpus Petition (MD) No. 671 of 2014
Decided On : 08-09-2014

Advocates Appeared:
For the Petitioner:S.M.A. Jinnah, Advocate.
For the Respondents: R1 to R3, C. Mayil Vahana Rajendran, Additional Public Prosecutor.

Judgment :

S. Manikumar, J.

1. Wife of the Undertrial Prisoner, Md.Hanifa, has sought for a Writ of habeas Corpus, to transfer him from Central Prison, Trichy to Central Prison, Madurai or Central Prison, Palayamkottai. In this Habeas Corpus Petition, she has also sought for a direction to the Principal Secretary to Government, Home (Prison-IV) Department, Chennai and Additional Director General of Police, Chennai, respondents 1 and 2, to take action against Mr.Palani, Superintendent of Prisons, Trichy Central Prison, Trichy and Mr.Senthil Kumar, Additional Superintendent of Prison, Central Prison, Trichy, who have been arrayed as private respondents 4 and 5 and other prison officials. Though Mr.Punniyamoorthi, Mr.Sadagopan and Mr.Vijayaraj, have not been impleaded as party respondents in this Habeas Corpus Petition, allegations have been leveled against them that they had tortured and assaulted the petitioner's husband.

2. In the year 2006, one Kumarapandiyan has been murdered and Tenkasi Police had falsely implicated her husband in that case. By way of retaliation, henchmen of the deceased Kumarapandiyan murdered three of her husband?s friends. Lateron, some of the late Kumarapandiyan?s henchmen were also murdered by some persons. In the latter case, Tenkasi Police has falsely implicated her husband. Thus, husband of the petitioner has been implicated as an accused in S.C.Nos.1 and 2 of 2010 and both the cases are pending before the learned Communal Clash Special Sessions Judge, Madurai.

3. The petitioner has further contended that her husband has been falsely implicated in some cases by Tirunelveli Police and in Advani Ratha Yatra Case, by Madurai Police. According to her, her husband has been falsely implicated in the bomb blast case, in which, he was acquitted. For all the pending cases, her husband was confined as an undertrial prisoner in Madurai Central Prison, Madurai. When the trial in S.C.No.2 of 2010, on the file of the learned Special Judge for Communal Clash Special Sessions Court, Madurai, was commenced and when witnesses were to be examined, without passing any orders and obtaining any prior permission from the learned trial Judge, Madurai, the prison officials informed him that he has been transferred to Trichy Central Prison, Trichy. Earlier, her husband objected to the illegal activities of the prison officials. But on 03.04.2014, without heeding to his words, the prison officials have transferred her husband from Madurai Central Prison to Trichy Central Prison.

4. According to the petitioner, her husband has objected to the same. However, on 03.04.2014, he was transferred. Coming to know of the same, on 04.04.2014, she went to Trichy Central Prison, along with her children, to meet her husband. But the Prison guards stopped her and she was directed to go back. She struggled for more than half an hour and finally, the prison authorities allowed her to meet her husband. At that time, her husband informed her that in Madurai Central Prison, Prison Jailor, by name Mr.Jeyaraman, belonging to the same community of the aforesaid deceased Kumarapandiyan, threatened her husband that he would transfer her husband to some other prison, and would restrain him, from seeking legal assistance. She was further informed by her husband that the Prison Guards at Central Prison, Trichy, namely, Mr.Sadagopal, Mr.Punniyamoorthi, Mr.Vijayathas and four other persons brutally attacked him, and that he informed the same to the Superintendent and the Additional Superintendent of Central Prison, Trichy, but no action was taken.

5. It is the further case of the petitioner that the abovesaid persons had given her husband ? Admission Attack? and at the outgate of Central Prison, Trichy, the prisoner was brutally attacked. Though a complaint was lodged with the higher officials, through the prisoner's Advocate, no action was taken. Representation, dated 04.04.2014, was made to Registrar, Madurai Bench of the Madras High Court, Chairpe












































































































































































































































































































































































































































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