The Hindu : Tamil Nadu News : Police officer exempted from surrendering

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Saturday, Apr 14, 2007
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Tamil Nadu

Tamil Nadu

Police officer exempted from surrendering

J. Venkatesan

New Delhi: The Supreme Court on Friday granted exemption to senior police officer Prem Kumar from surrendering following a judgment of the Madurai Bench of the Madras High Court awarding him one month simple imprisonment in a case relating to handcuffing and parading an ex-serviceman.

A Bench comprising Justices B.N. Agrawal and P.P. Naolekar granted the exemption on a special leave petition filed by Mr. Kumar challenging the judgment dated April 3. The Bench, after hearing counsel Sanjay Hegde and Uday Lalit, said the petitioner need not surrender till the apex court heard the SLP. However, no date was given for listing the SLP. Counsel for the complainant, B. Balaji, opposed the petition.

In his SLP, Mr. Kumar said the High Court did not consider that the trial court had convicted him in one case and acquitted him for the very same charge in another case; both the cases were based on the facts of the same incident and witnesses and evidence. He said the allegation that Nallakaman (first respondent) was paraded and handcuffed through the street with leading chain had not been proved.

He said the High Court did not consider that all the independent witnesses had stated that the first respondent had attacked him and deterred him from discharging his official duties. He sought quashing of the impugned judgment and an interim stay of its operation till the disposal of the SLP.

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