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Madras High CourtHCP/2428/2017closed

Mangalakshmi, F/A 25 Years, v. The Superintendent Of Police,

2018-05-04Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice S. Ramathilagam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.05.2018

CORAM

THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2428 of 2017 Mangalakshmi ... Petitioner Vs 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Villupuram District, Villupuram.

3.The Inspector of Police, Ulundurpettai Police Station, Ulundurpettai Taluk, Villupuram District.

4.Sivalingam 5.Sundaralingam 6.Susila ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents to produce the petitioner's husband namely Jambulingam, male aged about 29 years, S/o.Kaliyan before this Hon'ble Court.

For Petitioner : Mr.S.Nambirajan For R1 to R3 : Mr.R.Ravichandran Government Advocate

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present Habeas Corpus Petition is to direct the respondents to produce the petitioner's husband, namely, Jambulingam, male aged about 29 years, S/o.Kaliyan and set him at liberty.

2.The detenu had already been secured by the respondent and on investigation, it was found that there was certain disputes between the detenu and his wife, the matter was referred to the Mediation Centre and the report was submitted by the Mediation Centre on 11.04.2018. The said report reveals that "Mediation completed. No agreement was reached." Thus, it has been found that the detenu was not in illegal detention. This apart, the detenu is present before this Court, even on today and informed us that he is not living with his wife.

3.During the course of our interview with the detenu, we found that the detenu is a law graduate and enrolled himself as an Advocate in the Bar Council of Tamil Nadu. On a reading of the allegations in the Writ Petition, it is stated that the detenu has given a false promise to the petitioner and thereafter, escaped. We are painful to record this fact that a law graduate and a practicing Advocate is indulging in such kind of activities, which will earn a bad name for lawyers in the society. A lawyer being a performer of a noble profession is expected to be a model and therefore, we are of an opinion that the petitioner has to realise all these aspects and at least in future, let him not indulge in such kind of activities. 4.This being the factum of the case, the detenu is set at liberty and in respect of the grounds raised in the Habeas Corpus Petition, no further adjudication is required.

Accordingly, the petition stands closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gya

To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Villupuram District, Villupuram.

3.The Inspector of Police, Ulundurpettai Police Station, Ulundurpettai Taluk, Villupuram District.

+1cc to Mr.K.Jambulingam, Advocate. sr.no.33161 H.C.P.No.2428 of 2017 NM(CO) RRK(24/05/18)