R.Bhuvaneswari v. State By
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 10.02.2020 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.294 of 2020 R.Bhuvaneswari ... Petitioner versus 1.State by The Principal Secretary, Government of Tamil Nadu, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
3.The Superintendent of Police, Krishnagiri District, Krishnagiri.
4.The Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District.
5.C.Sangu,IPS The Deputy Superintendent of Police, Hosur Sub-Division, Hosur, Krishnagiri District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's mother Tmt.Maragatham (aged 39 years), W/o.Radha @ Radhakrishnan and brother Kaliraj @ Sunder (aged 23 years) S/o Radha @ Radhakrishnan who are illegally detained by the respondents 3 to 5, before this Court and set them at liberty.
For Petitioner :
Mr.P.Pugalenthi For Respondents :
Mr.R.Prathap Kumar, Additional Public Prosecutor
O R D E R
(Order of this Court was made by R.SUBBIAH,J.) This petition has been filed seeking a direction to the respondents to produce the petitioner's mother Tmt.Maragatham, aged 39 years, W/o.Radha @ Radhakrishnan and brother Kaliraj @ Sunder, aged 23 years, S/o Radha @ Radhakrishnan, who are illegally detained by respondents 3 to 5, before this Court and set them at liberty.
2.The petitioner has stated in the affidavit filed in support of this petition that on 03.02.2020 at 8.30 a.m. her mother and brother were arrested and forcibly taken by the police to the police station. During their custody, they were assaulted by the fifth respondent with an iron rod and due to the same, they have been injured. They are illegally detained and they have been shifted from one police station to another police station in the Hosur Sub Divisiion limit. In this regard, she made a complaint dated 04.02.2020 to the respondent police. Since no effective action has been taken by them, the petitioner is before this Court with the present petition. 3.Learned Additional Public Prosecutor submitted that the detenues were arrested on 04.02.2020 by the respondent police and they obtained bail on 07.02.2020 by the learned Judicial Magistrate No.2, Hosur.
4.In view of the submission made by the learned Additional Public Prosecutor, we are of the opinion that as there is no illegal detention and that the detenues were released on bail pursuant to the order passed by the Judicial Magistrate No.2, Hosur, nothing survives for further adjudication in this Habeas Corpus Petition. Recording the submission made by the learned Additional Public Prosecutor, the Habeas Corpus Petition stands closed.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar vga
To 1.The Principal Secretary, Government of Tamil Nadu, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
3.The Superintendent of Police, Krishnagiri District, Krishnagiri.
4.The Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District.
5.The Public Prosecutor, High Court, Madras.
6.The Deputy Superintendent of Police Hosur Sub Division Hosur, Krishnagiri District H.C.P.No.294 of 2020 SVI(CO) SP(13/03/2020)