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Judgment
N.Anand Venkatesh, J
Pursuant to the order passed on 16.03.2026, the matter was taken up for hearing today.
A counter affidavit was filed by the investigating officer. The relevant portion in the counter are extracted hereunder:
“It is respectfully submitted that on a reliable information, a special team constituted by the Superintendent of Police, Thanjavur District went to Chennai and secured the A-2 Revathi & A-4 Nagarajan on 13.3.2026 at 1500 hrs and brought them to Thanjavur. On the way, the A-2 Revathi was handed over to me by the special team at Kumbakonam on 13.3.2026 at 2115 hrs. The A-4 was brought to the office of the DCB, Thanjavur and released after recording his statement for the purpose of investigation.
It is respectfully submitted that in respect of the involvement of A-2 Revathi in this case, an extended investigation was required to bring out clarity in certain documents connected to the role of A-2 in the misdeeds committed. Hence, the A-2 was released on 13.3.2026 at 2200 hrs and she went along with her friend Mrs.Suganya, who came and meet Mrs.Revathi with the bonafide intent after taking an undertaking from her to appear before me on 15.3.2026 along with the specific documents required for the investigation in respect of A-2.
It is respectfully submitted further that as admitted, the A-2 did not appear at office of the DCB on 15.3.2026 and she absconded after that. The whereabouts of the A-2 could not be ascertained. She hided herself reportedly with a plan to file a petition to obtain anticipatory bail.”
During the forenoon session, we directed the investigating officer to produce the mother of the petitioner after lunch recess.
When the matter was taken up for hearing at 2.15 p.m., the learned Additional Public Prosecutor, on instructions, submitted that the petitioner's mother is not in the custody of the police and therefore, the police is not in a position to ascertain the whereabouts of the detenue. At that point of time, a counsel appeared and he submitted that the detenue is staying along with an Advocate named Suganya and that the detenue will appear before this Court by 3.15 p.m. Accordingly, the matter was passed over and it was taken up for hearing at 3.15 p.m.
Considering the sensitivity involved in this case, we called the detenue to the chamber and we had the advantage of hearing from the detenue on the background of this case and what happened after she was issued summons under Section 35(3) of BNSS, 2023.
We are inclined to keep this HCP pending. The detenue shall go along with the petitioner. As and when the detenue is called for an enquiry to record her statement by the investigating officer, she shall be issued with summons and she shall cooperate for the same. Till the detenue cooperates during investigation, this Court hopes that the respondent police will not further precipitate this case.
Post this case on 25.03.2026 at 2.15 p.m.