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Madras High CourtHCP/1665/2015closed

S.Divya v. The Commissioner Of Police

2015-07-13Honourable Dr Justice S. Tamilvanan,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.07.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1665 of 2015 S.Divya ... Petitioner -v1.State represented by Commissioner of Police, Chennai.

2.The Inspector of Police, B1 North Beach Police Station, Chennai.

3.Satheesh 4.Ziaul huq ... 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 1 and 2 to produce the person or body of Satheesh and Ziaul huq, who is under illegal custody of the second respondent before this Court and to hand over the custody to the petitioner. For Petitioner :

Mr.S.Karthikei Balan For Respondents :

Mr.A.N.Thambi Durai, Additional Public Prosecutor

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) This petition has been filed under Article 226 of the Constitution of India seeking an order in the nature of Habeas Corpus, directing the respondents to produce the person or body of Satheesh and Ziaul huq, who is under illegal custody of the second respondent, before this Court and to hand over the custody to the petitioner.

2.Learned Additional Public Prosecutor submitted that the detenus have been arrested in connection with the case registered in Cr.No.517/2015 and that they have been remanded to judicial custody. https://hcservices.ecourts.gov.in/hcservices/

3.As there is no illegal detention and the alleged detenus have been remanded to judicial custody, pursuant to the criminal case, we are of the view that the petition is liable to be dismissed. 4.It is made clear that it is open to the petitioner to seek appropriate remedy, according to law.

5.With the above observation, this petition is dismissed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vga To 1.The Commissioner of Police, Chennai.

2.The Inspector of Police, B1 North Beach Police Station, Chennai.

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

+1 CC to M/s. S.Karthikei Balan, Advocate (SR.No. 35278) H.C.P. No.1665 of 2015 RSK(CO) KRA(22/07) https://hcservices.ecourts.gov.in/hcservices/