This is an unprecedented case where a living woman [Mrs.Manimegalai] has been driven from pillar to post for over a period of four years to establish that she is alive and that the judicial declaration made by a court of session in a judgment that she was murdered on 04.04.2002 is inconsistent with her living body and soul. Whether this woman appearing before this court is, in fact, Mrs.Manimegalai or not is the basic issue in these petitions.

2. There are three petitioners in these Criminal Original Petitions. They are the accused Nos.1 to 3 in S.C.No.259 of 2005, on the file of the learned Additional District and Sessions Judge, Fast Track Court, No.II, Tuticorin. The 4th accused, in the case, is one Mr.Dhasan. There were four charges framed in this case. The first charge was under Section 120(B) IPC against all the four accused. The second charge was under Section 302 read with Section 34 IPC against the accused 2 to 4. The third charge was under Section 201 IPC against the accused 2 to 4 and the 4th charge was under Section 302 read with Section 109 IPC against the first accused. The Trial Court, by judgment dated 20.02.2007, acquitted all the four accused. That acquittal has become final. Now, the petitioners have come up with these Criminal Original Petitions seeking various directions, including a direction for registration of a criminal case against the police officials, who investigated the case and filed final report, for payment of compensation and for other reliefs.

3.0. The background facts of these petitions would be as follows:

One Manimegalai @ Mekala @ Punitha is the daughter of one Mr.Muthu @ Mookan, a resident of Isavankulam Village in Srivaikundam Taluk, Tuticorin District. Her mother was Mrs.Kannimariyal. They were residing at Perur Village in Srivaiakundam Taluk. When Manimegalai @ Mekala @ Punitha was hardly three years old, Mrs.Kannimariyal deserted her husband -Mr.Muthu @ Mookan, along with her female child. Thereafter, she developed intimacy with one Dhanraj of Thirupparankundram and shifted to Thiruppur. Mr.Dhanraj was doing painting work in Thiruppur and Kannimariyal was working in a private company as a daily wager. Manimegalai @ Mekala @ Punitha was put in a school in Pattukottai, but, she later discontinued. Thereafter, she also joined a private banyan company in Thiruppur known as, “JJ Company”. In course of time, Manimegalai @ Mekala @ Punitha had fallen in love with one Anandan of Thiruppur, who was also working in the same Company. Without the knowledge of her mother and Mr.Dhanraj, she married Mr.Anandan. Hardly for 7 days, she lived with Mr.Anandan as his wife and then, she deserted him and came down to Perur Village. She stayed in Perur Village at the house of one Mr.Shanmugaraj, who was her mother's sister's husband, for few days and thereafter, left Perur Village for Thiruppur. But, she did not turn up in Thiruppur. Her mother also, in the meanwhile, passed away. Her husband Mr.Anandan went in search of her to various places, including Perur Village, but could not succeed. Finally, on the complaint of Mr.Anandan, a case in Crime No.154 of 2002 was registered on the file of Srivaikundam Police Station for woman Missing. During the course of investigation of the case in Crime No.154 of 2012, the whereabouts of Mrs. Manimegalai @ Mekala @ Punitha could not be located.

3.1. While so, a half burnt dead body of a woman with injuries, aged about 20 – 25 years, was found near NaaluKani Bridge at Vellakulam Village, within the jurisdiction of Murappanadu Police Station. On the complaint of one Mr.A.Muthurajan, the Village Assistant of Keelavalanadu Panchayat, the Sub Inspector of Police, Murappanadu Police Station, registered a case in Crime No.147 of 2002 under Section 174 of the Code of Criminal Procedure, on 05.04.2002. The body was highly decomposed and identity could not be made out. Inquest was held on the body and thereafter, it was sent for postmortem.

3.2. One Dr.Subbiah, an Assista