Madras High Court
The writ petition has been filed under Article 226 of the Constitution of India seeking I terim compensation since Petitioner’s son was detained for 8 months despite of his acquittal from 31.10.2019 to 14.07.2020. The case was Rathinam V/S State of Tamil Nadu W.P.(MD).No.10524 of 2020. The Judgment was reserved on 05.01.2023 and pronounced on 12.01.2023. The case was presided by Mr. Justice Sundar Mohan.
Facts of the case
- The petitioner’s son Chokkar was convicted as a second accused in a murder case along with one accused named Mayilraj. When Mayilraj preferred an appeal, his conviction was set aside and the court says that since Chookar was also convicted on similar ground, Chokkar should also be get acquitted. Since the petitioner nor his son knows about this right Chokkar continued to be in Jail.
- The Respondent argued that Court had not specifically said the name of Chokkar he should not get the release. Though they agreed that this is not the reason to stop the release of the petitioner’s son. They also said that strict action has been taken care against the erring officials who are responsible.
The court agreed on the respondent and said that no further direction are needed. The court said that Chokkar was entitled for the compensation. So, the court granted him the compensation of Rs.3,50,000/- within 3 weeks from the date on which the judgment had been issued.
“Therefore, this Court is of the opinion that the State must pay to the petitioner’s son a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) as compensation within a period of three weeks from today. However, this order will not preclude the petitioner’s son to file appropriate proceedings for damages, if the petitioner’s son is able to show that he is entitled to more compensation.”
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JUDGEMENT REVIEWED BY NAMRATA SINGH