IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 16.09.2022 CORAM THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN H.C.P.No.1691 of 2022 N.Savithiri .. Petitioner Vs.
1.The Superintendent of Police O/o.The Superintendent of Police Erode District
2.The Deputy Superintendent of Police O/o.The Deputy Superintendent of Police Sathyamangalam Sub-Division Erode District
3.The Inspector of Police Sathyamangalam Police Station Sathyamangalam 638 401 Erode District 4.Sathyavathi 5.Gogilavani
6.Sarojini
7.Thulasinathan .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 3rd respondent to produce the body of the petitioner's husband viz., M.Natarajan, aged 64 years, before this Court from the custody of the respondents 4 to 7 and set him at liberty.
For Petitioner : Mr.Ma.P.Thangavel For R1 to R3 : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.]
On 02.09.2022, this Court passed the following order :
”This Habeas Corpus Petition has been filed by the wife of the detenu, seeking for a direction to the 3rd Respondent police to produce the body of the petitioner Husband, namely, M.Natarajan aged 64 years before this Court from the custody of the Respondents
4 to 7 and set him at liberty.
2. The case of the Petitioner in brief is as follows:
(i) The Petitioner got married to one M.Natarajan before 30 years at Arulmigu Bhatrakaliamman Temple at Mayavaram, Moodhur in Sathyamangalam Taluk, Erode District in the presence of the relatives and friends and since then they were residing in "Nall Road" in Sathyamangalam Taluk and they have no issues. That being so, after some years she came to know that her husband was already married to the 6th respondent and has two daughters and one son who are the Respondents 4, 5 and 7 respectively.
(ii) The Petitioner's husband used to sell sarees and clothes in the villages and established the textile shop in the name and style of 'Dharani Silks' at Sathyamangalam and earned reasonable income. The Petitioner was also selling cloths in the villages and supported her husband. She is a income tax Assessee bearing PAN Card No.LTXPS9686P. Out of her own income and earning, she had purchased a vacant site in Plot No.35, to an extent of 2178 Sq.feet in S.F.No.30/6, in Komarapalayam Village, Sathyamangalam Taluk for Valuable consideration in Doc. No.2765 of 2015, dated 22.05.2015 and constructed house and residing there.
(iii) That being so, all of a sudden i.e., on 15.02.2020, the Respondents 4 to 7, trespassed into her house and assaulted the Petitioner and her husband, due to which they sustained grievous injuries and apart from that the Respondents 4 to 7 have stolen the entire house hold articles from their house. The Petitioner made a detailed complaint to the Respondent Police on 15.02.2020 and thereafter immediately taken her husband to the Government Hospital at Sathyamangalam and admitted him in the hospital and the said incident were registered in the Accident Register dated 15.02.2020. Though the injuries sustained were grave in nature, the 3rd Respondent police did not register any case against the Respondents 4 to 7. While so the 1st Wife and his children with the help of one Kokki Babu, a rowdy element entered into the Government Hospital, Sathyamangalam and attempted to attack the Petitioner and her husband in front of Doctors and nurses. Further due to the threat the Government Doctors immediately discharged the Petitioner and her husband from the hospital and failed to give accident register and discharge summary.
(iv) Taking advantage of the non registration of the case against the culprits, once again on 04.06.2020, the Respondents 4 to 7 trespassed into her house and attacked the petitioner and her husband, and they were admitted in the ICU at Government Hospital, Sathyamangalam and thereafter made a detailed complaint to the Inspector of Police and other higher officials, pursuant to which after lapse of 21 days, the Respondent police registered a case in Crime No.654 of 2020 on 25.06.2020, for the offences punishable under Sections 448, 294 (b), 324, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment Women Act, 2002 against the Respondents 4 to 7 herein. Immediately the petitioner made a representation to the Government to furnish the medical records, but the same was not furnished. Thereafter, the Respondents 4 to 7 got anticipatory bail by the Principal District Court, Erode in Crl.M.P.No.1302 of 2020 vide order dated 28.07.2020 with certain conditions and thereafter Respondents 4 to 7 continued to violate bail condition and again the 6th Respondent came to the Petitioner's house on 28.06.2020 and threatened her with dire consequences. While so, on 07.11.2020 at about 11.00 A.M, the Respondents 4 and 7 herein trespassed into the house of the Petitioner and a
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