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Madras High CourtHCP/487/2019closed

Rajammal v. The Superintendent Of Police

2019-07-10Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10..07..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.487 of 2019 Rajammal ... Petitioner -Versus1.The Superintendent of Police, Krishnagiri.

2.The Deputy Superintendent of Police, Krishnagiri.

3.The Inspector of Police, Anjetty Police Station, Krishnagiri.

4.Ramakrishnan ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 3 to secure the body of the detenu namely C.Marimuthu, aged 29 years, Son of Chinnasamy, from the illegal custody of the 4th respondent and produce him before this court and set him at liberty by considering the representation of the petitioner dated 18.01.2019 to the respondents 1 to 3. For Petitioner : Mr.R.Prabakar For Respondents : Mr.C.Iyyapparaj, APP for RR1 to 3

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the mother of the detenu - Marimuthu. She has come up with this petition seeking a direction to the respondents 1 to 3 for production of the detenu. https://hcservices.ecourts.gov.in/hcservices/

2. There was dispute between the detenu and his wife and also the 4th respondent, who is the father in law.

3. The learned Additional Public Prosecutor, on instructions, submitted that enquiry made on 4th respondent would reveal that the detenu is not in his custody as alleged. The detenu had also made an attempt to commit suicide by consuming poison in view of the marital dispute.

4. In such view of the matter, we do not find any illegal detention involved and thus, this Habeas Corpus Petition stands closed, however, the investigation shall go on and as and when the detenu is traced, he should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar kmk To 1.The Superintendent of Police, Krishnagiri. 2.The Deputy Superintendent of Police, Krishnagiri. 3.The Inspector of Police, Anjetty Police Station, Krishnagiri.

4. The Public Prosecutor, High Court, Madras. +1cc to Mr.R.Prabakar, Advocate SR.No.58281 H.C.P.No.487 of 2019 RV(CO) GMY(04/09/2019) https://hcservices.ecourts.gov.in/hcservices/