Madras High CourtHCP/1052/2018closed

B.Vanithamani, v. The Secretary To Government,

2018-06-12Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice M. Venugopal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.06.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR H.C.P.No.1052 of 2018 B.Vanithamani .. Petitioner Vs.

1. The Secretary to Government, Home Department State of Tamilnadu, Secretariat, Chennai - 9

2. The Director General of Police, State of Tamilnadu, Dr.Radhakrishnan Road, Mylapore, Chennai - 4

3. The Secretary to Government Home Department of Andhrapradesh, Secretariat, Velagapudi, Guntur, Andhrapradesh - 522 503

4. The Director General of Police, State of Andhrapradesh, Buckinghampeta, Vijayawada, Andhrapradesh - 520 002

5. The Superintendent of Police, Salem.

6. The Deputy Superintendent of Police, Attur Division, Salem District

7. The Inspector of Police, Thalaivasal Police Station, Salem District

8. Sadaiyan ..Respondents Prayer: Petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus directing the Respondents 5 to 7 herein to secure R.Balaji S/o Rajendran, aged about 35 years from illegal custody of the kidnappers and

produce him before this Court and set him at liberty based on First Information Report in No.184 of 2018 on the file of the 7th Respondent.

For Petitioner : Mr.E.C.Ramesh For Respondents: Mr.R.Prathap Kumar for R1, R2, R5 to R7 Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner and the Learned Additional Public Prosecutor for the Respondents 1, 2 and 5 to 7.

2. It is represented by the Learned Additional Public Prosecutor for the Respondents 1, 2 and 5 to 7 that the Petitioner's Husband, viz., R.Balaji [Rajendran Balaji] is in judicial custody in Special Sub Jail, Gudur from 31.05.2018 in Crime No.120 of 2018 of Podalakur Police Station under Sections 447, 379, 307, 353, 120-B, 109 r/w 34 IC and 20C1(1)(d)(1) Section 20(d)(1)(D) r/w 20(1)(c) (Vii)(Viii)(IX) of AP Forest Act - 2016 Section 7 r/w 27 of Sandal Wood and Red Sandal Transit Rules 1969 Section 55(c) r/w 7 Bio Diversity Act, 2002, Section 51 of Wild Life Protection Act Section 3 of PDPP Act, 1954, Section 25, 271.A.Act Section 32 of Arms Rules 1959 on the file of the Hon'ble Judicial Magistrate of First Class, Gudur, SPSR Nellore District.

3. Further, it is represented by the Learned Additional Public Prosecutor that the Petitioner / Wife and her family members had visited the Detenu, viz., R.Balaji [Rajendran Balaji] in Special Sub Jail, Gudur on 04.06.2018. In view of the fact that the Detenu, viz., R.Balaji [Rajendran Balaji], is in judicial custody, this Court closes the present Habeas Corpus Petition, as nothing survives for further adjudication.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ssd