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Madras High CourtHCP/1068/2017dismissed as infructuous

S.Shanmugam, 35 Years v. The Superintendent Of Police

2017-07-10Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.07.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.1068 of 2017 S.Shanmugam .. Petitioner Vs

1. The Superintendent of Police, Dharmapuri, Dharmapuri District.

2. The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri, Dharmapuri District.

3. Muthamil Muthalvan .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to direct the 1st and 2nd respondents to produce the body of the detenue 1.Esthar Rubavathy, aged 30 years, W/o.Shanmugam, 2.Minor Thavasimigam, D/o.Shanmugam, aged 8 years and 3.Akhil Joshuva, S/o.Shanmugam, aged 5 years, before the Hon'ble Court now illegally detained by the 3rd respondent herein and set them at liberty.

For Petitioner : Mr.K.Nagarajan For R1 & R2 : Mr.V.M.R.Rajentren, Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 https://hcservices.ecourts.gov.in/hcservices/

and 2 to trace out and produce the detenue namely, Esthar Rubavathy, wife of the petitioner, Minor Thavasimigam, aged 8 years, daughter of the petitioner and Akhil Joshuva, aged 5 years, son of the petitioner.

2. The petitioner is present and he has been identified by his counsel. The 2nd respondent has produced the detenue and identified by the petitioner. Further, the 1st detenue is the mother of the remaining detenu and also wife of the petitioner.

3. Considering the aforesaid facts and circumstances, the relief sought for in the present petition has become infructuous.

4. In fine, this petition is dismissed as infructuous. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gya To

1. The Superintendent of Police, Dharmapuri, Dharmapuri District.

2. The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

4. The Joint Secretary to Government, Public (Law & Order) Fort St.George, Chennai-9 H.C.P.No.1068 of 2017 KK(CO) CS/20/07/17 https://hcservices.ecourts.gov.in/hcservices/