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Madras High CourtHCP/442/2015dismissed

Peer Saleem v. The Inspector Of Police

2015-02-12Honourable Mr Justice S. Manikumar,Honourable Mrs. Justice Aruna Jagadeesan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2015

CORAM:

The Hon'ble Mr.Justice S.MANIKUMAR and The Hon'ble Mrs.Justice ARUNA JAGADEESAN H.C.P. No.442 of 2015 Peer Saleem ..

Petitioner vs.

1. The Inspector of Police, D-6, Anna Square Police Station, Chennai - 600 005.

2. The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

..

Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the relief as stated therein. For petitioner :

Mr.M.Ranjith Kumar For respondents:

Mr.A.N.Thambidurai, (for R1 and R2) Additional Public Prosecutor.

O R D E R

Alleging illegal detention of one Peer Anif, by the Inspector of Police, D-6, Anna Square Police Station, Chennai, the 1st respondent herein, brother has sought for a Writ of Habeas Corpus.

2. On instructions from the 1st respondent, Mr.A.N.Thambidurai, learned Additional Public Prosecutor submitted that in connection with Crime No.409 of 2015 on the file of the Inspector of Police, D6, Anna Square Police Station, Chennai, the alleged detenue, was arrested on 09.02.2015 for an offence under Section 379 IPC and that he was remanded to judicial custody on 11.02.2015. Learned Additional Public Prosecutor further added that proper intimation of arrest has been given to Mr.Peer Saleem, the petitioner.

3. Responding to the above, Mr.M. Ranjith Kumar, learned counsel for the petitioner submitted that intimation was given over phone. https://hcservices.ecourts.gov.in/hcservices/

4. Whatever be, the mode as per the dictum of the Supreme Court, intimation should be given immediately, which, in the case on hand, has been done. Detention alleged is not substantiated. As the alleged detenue is in judicial custody, question of issuance of Writ of Habeas Corpus, does not arise. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To

1. The Inspector of Police, D-6, Anna Square Police Station, Chennai - 600 005.

2. The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M. Ranjith Kumar, Advocate Sr.7970 HCP No.442 of 2015 LRS(CO) EU 28.02.15 https://hcservices.ecourts.gov.in/hcservices/