The above petition has been filed by the petitioner on his own behalf and also on behalf of his minor daughter praying for a direction to the respondents under Section 482 as follows:
(a) To direct the respondent police to investigate her complaint dated 19.07.2007 in detail; and
(b) To punish the following persons under Sections 363,
363(a) and
376 of IPC namely,
(i) Tmt.Dhanalakshmi, wife of Rubin alias Srinivasa.
(ii) Rubin alias Srinivas
(iii) Mantha Venkatesan
(iv) Jeep driver, name not known
(v) Three youths, accompanying the deceased Sekar from Arakkonam, for kidnapping
(c) To pay compensation of Rs.25 Lakhs for the hardships trusted upon his minor daughter.
2. The petitioner submits that on 19.02.2007, his minor daughter R.Annapoorna aged about 16 years went out to book a cooking gas cylinder. But she did not return home on that day, but on the next day, she phoned up the petitioner's wife and informed her that she had been kidnapped by five persons and that she was in Gudiyattam. Subsequently, as there was no news from her, the petitioner came to know that one R.Sekar of Arakkonam residing at A.B.M. Chruch Street was also one of the kidnappers and so the petitioner lodged a complaint with the Arakkonam Police Station on 22.03.2007. After a telegram was sent to the Inspector of Police on 23.02.2007, the Sub Inspector of Police have filed F.I.R. in Crime No.69 of 2007 as girl missing.
3. After a hectic search by the petitioner, he had come to know that his daughter was kept in the custody of Tmt.Dhanalakshmi, wife of Rubin @ Seenu, residing at Thuban Nagar, Shivalayam Backside, kavily Town, Ongole Taluk, Andhra Pradesh. The petitioner had immediately rushed to that place and met his daughter who was kept in a locked room on 02.04.2007. Though the said Dhanalakshmi refused to release his daughter, they agreed to release his daughter when he approached the police authority.
4. The petitioner's daughter had revealed the following facts. That on 19.02.2007, as she was going to book a gas cylinder, the said Sekar, Son of Rajaiah and 3 others came behind her and the said Sekar put a handkerchief in her nose and made her unconscious. She said she regained consciousness on the same day ie., 19.02.2007. She was then handed over to Tmt.Dhanalakshmi who kept her in her custody. It is alleged by the petitioner's daughter that Tmt.Dhanalakshmi, her husband Rubin @ Seenu and their associate, by name Mantha Venkateswaralu kept her in a room. She was compelled to marry the husband of Tmt. Dhanalakshmi. After a month of ill-treatment, the said Rubin @ Seenu, forcefully tied Thali in her neck and attempted to molest her also.
5. Meanwhile the said Sekar, against whom the petitioner had lodged a complaint, came to know about the complaint and consumed poison and died. His family members then ransacked the petitioner's house and the said Sekar's Mother, Kullammal even threatened to murder his family members. So out of fear, the petitioner and his family members are presently not staying in their house but are residing at the Railway Quarters, Vannarapettai whereto the petitioner has been transferred.
6. It is further alleged by the petitioner that his minor daughter was not only ill-treated, but also raped by Mr.Sekar, Mantha Venkatesawaralu, Rubin @ Seenu during the course of custody under the control of Tmt.Dhanalakshmi. The petitioner further submits that he had sent complaints by RPAD on 19.07.2007 to all the three respondent police authorities. The 1st and 2nd respondents had acknowledged receipt, but the 3rd respondent had refused to take the complaint. Subsequent to this, on 03.08.2007, the said Dhanalakshmi and her associates had given a letter of undertaking not to harass petitioner's family and went back to Andhra Pradesh.
7. Hence, the petitioner has filed this petition for direction to the respondent police under
Section 482 of Cr.P.C. to investigate his complaint and file a Criminal Case against the said persons and also prayed for a compensation of Rs.25 Lakhs for his minor daughter.
8. Considering the facts and circumstances of the case, the petitioner has alleged that one Rubin @ Seenu had forcefully tied thali to the petitioner's minor daughter, Annapoorna. After tying thali, the said Rubin @ Seenu had come to the petitioner's house and insisted the minor daughter to come and live along with the said Rubin as wife and attempted to molest her also. For the said allegation, the said Rubin's wife Dhanalakshmi had also supported the act of tying thali. This Court views this is a case of serious nature. Hence, the Court directs the 3rd respondent/Inspector of Police, Arakkonam Town Police Station to conduct enquiry on the below mentioned persons.
1) Tmt. Dhanalakshmi W/o. Rubin @ Srinivas
2) Rubin @ Srinivas
3) Mantha Venkatesan
4) Jeep driver name not known and other associates, in the presence of petitioner, D.Purushotaman, within a month from the date of receipt of a copy of this order.
9. Accordingly, the above Criminal O.P. No.24989 of 2007 is disposed of.
mra To
1. Superintendent of Police Vellore District, Vellore.
2. The Deputy Superintendent of Police, Arakkonam, Vellore District.
3. The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Vellore District.
4. The Public Prosecutor, High Court, Madras 104