B.Lakshmi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.06.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.1479 of 2015 B.Lakshmi W/o.Babu

...Petitioner

vs.

1. The Commissioner of Police, Chennai Police, Vepery, Chennai.

2. Inspector of Police, J1 Saidapet Police Station, Chennai.

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents herein to produce the body and person of petitioner's husband Babu S/o.Sriramalu, Male, aged about 50 years and her relative Kesava S/o.Suresh Kumar, Male, aged about 17 years before this Court from the custody of the second respondent. For Petitioner :

Mr.V.Partheeban For Respondents :

Mr.A.N.Thambi Durai Additional Public Prosecutor

O R D E R

(Order of the Court made by B.RAJENDRAN, J.) This petition has been filed by petitioner to cause production of the detenue viz., Babu S/o.Sriramalu, aged about 50 years and her relative Kesava S/o.Suresh Kumar, aged about 17 years, before this Court.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor.

3. Today, both the detenues have been produced by the second respondent. According to the second respondent, he has nothing to do with this case. The second respondent has further stated that the Andhra Pradesh police did not seek any help from him and it was the Andhra Pradesh police who took the custody of the detenues and they have been released pursuant to the directions of this Court. The second respondent went to Andhra Pradesh, got their release and produced them before this Court. It is the specific case of the prosecution that so far the prime accused viz., Sreekanth, has not been arrested. One person already was let off from the police station at Andhra Pradesh.

4. On enquiry, the detenues have stated that they have been arrested by the Andhra Pradesh police, but at the same time, they have also stated that they have not been taken by the second respondent. The officer in Saidapet police station whether joined the Andhra Pradesh police is to be put to test.

5. The statements made by the second respondent as well as the detenues are recorded. It is very clear that the detenues have been kept under the custody of the Andhra Pradesh Police for one week and four days respectively. It is also recorded that the detenues have been produced before this Court after the police from Tamil Nadu went to Andhra Pradesh after the present petition has been filed. The detenues are set at liberty. Since the detenues have been produced and released, it is open to them to take any appropriate action, if they are aggrieved or advised for any relief against the alleged detention, in the manner known to law before the appropriate forum, if so advised.

This Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gm To

1. The Commissioner of Police, Chennai Police, Vepery, Chennai.

2. Inspector of Police, J1 Saidapet Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

H.C.P.No.1479 of 2015 KK (CO) PSI (10.07.2015)