Mrs.Nazeema, v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2452 of 2017 Mrs.Nazeema ... Petitioner -Vs1.The State, rep. by its Superintendent of Police, Kancheepuram District, Kancheepuram.
2.The State, rep. by its Inspector of Police, Guduvancherry Police Station, Kancheepuram District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's daughter in law namely S.Ponmalar, W/o.Sylu @ Sylender, the detenue, who is now under the illegal custody of the 2nd respondent before this Hon'ble Court and to release them forthwith.
For Petitioner :
Ms.A.Yamuna For Respondents:
Mr.V.M.R.Rajentran Additional Public Prosecutor
O R D E R
[Order of the Court was made by RAJIV SHAKDHER, J.] 1.This is a Habeas Corpus Petition, whereby, a direction is sought, for production of one Ms.S.Ponmalar. Petitioner, is the mother-in-law, of the detenue, i.e., Ms.S.Ponmalar. 2.This matter was mentioned yesterday (20.12.2017), for listing before us.
2.1.We had asked Mr.V.M.R.Rajentran, learned Additional Public Prosecutor, to ascertain the exact position, with regard to the assertions, made before us, by the learned counsel for the petitioner.
3.The learned Additional Public Prosecutor has, accordingly, returned with instructions.
3.1.He says, that the detenue/ Ms.S.Ponmalar, was remanded to judicial custody, in Crime No.1231 of 2017. 4.We may note, that the learned counsel for the petitioner, says, that a false case, has been foisted against the detenue/ Ms.S.Ponmalar.
4.1.It is also submitted, that the detenue/ Ms.S.Ponmalar, is pregnant, and, illegal detention, can cause harm to the unborn child.
5.Since, the detenue/Ms.S.Ponmalar, has already been, remanded to custody, in our view, the correct approach would be for the petitioner to apply for regular bail. 6.The circumstances, put forth before us, with regard to the condition of the detenue/Ms.S.Ponmalar, can also be put forth before the concerned Court, in which, bail petition is, ultimately, filed.
7.The petition is disposed of accordingly.
8.Needless to say, that the fact, that no relief is granted, in the present petition, will not come in the way of the concerned Court, in considering the bail petition, if any, filed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar pri/gg To 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.
2.The Inspector of Police, Guduvancherry Police Station, Kancheepuram District.
3.The Additional Public Prosecutor, Madras High Court, Madras.
+1cc to Mr.M.RAVIKUMAR Advocate, S.R.No. 91661 H.C.P.No.2452 of 2017 TR(22/12/2017)