Madras High CourtHCP/585/2020dismissed

N.Umadevi v. The Superintendent Of Police

2020-03-13Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.585 of 2020 N.Umadevi, F/42 years, W/o.Nagarajan, 100/60, M.G.R.Nagar, Puthur, Ennur, Trichy - 17.

... Petitioner -vs1.The Superintendent of Police, Tiruchengode-Namakkal-Trichy Road, Near Collectorate Office, Namakkal.

2.The Inspector of Police, Erumapatty Police Station, Namakkal District.

... Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents to produce the body of detenu by name Durai @ Duraisamy, S/o.Nagarajan, aged about 37 years, before this Court and set him at liberty.

For Petitioner :Mr.J.William Christopher For Respondent :Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J.) This petition has been filed seeking production of the Petitioner's brother viz., Durai @ Duraisamy, S/o.Nagarajan, aged about 37 years. In this regard, a complaint has been given on 05.03.2020.

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2.Heard Mr.J.William Christopher, learned counsel appearing on behalf of the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor.

3.The learned Additional Public Prosecutor would submit that the petitioner's brother is an habitual offender and 37 cases were pending against him. He was remanded in Cr.No.352 of 2019 on the file of the Mohanur Police Station, Namakkal District for the offences under Sections 454, 380 of I.P.C. on 12.03.2020 and remanded to judicial custody and now confined in Central Prison, Salem.

4.Since the petitioner's brother is in judicial custody, this petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sai To 1.The Superintendent of Police, Tiruchengode-Namakkal-Trichy Road, Near Collectorate Office, Namakkal.

2.The Inspector of Police, Erumapatty Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras 104.

4.The Superintendent, Central Prison,Salem.

Copy to:

The Inspector of Police Mohanur Police Station, Namakkal District.

H.C.P.No.585 of 2020 MG(CO) GS(02/06/2020) https://hcservices.ecourts.gov.in/hcservices/