S.Murugeswari v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.6.2020

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA H.C.P.No.956 of 2020 S.Murugeswari ...Petitioner Vs 1.State of Tamil Nadu, rep.by its Secretary to Government, Home Department, Secretariat, Chennai-9.

2.The Director General of Police, Mylapore, Chennai-4.

3.The Superintendent of Police, Tiruppur District, Tiruppur.

4.The Inspector of Police, Avinashipayalaym Police Station, Tiruppur District. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents to produce the body and person of the petitioner's son Mr.Purushothaman, S/O Selvaraj, aged about 34 years and the petitioner's daughter in law Mrs.Sharmila, W/O Purushothaman, aged 28 years, now illegally detained by respondents 3 and 4 and set them at liberty forthwith.

For Petitioner : Ms.Nadhiya For Respondents: Mrs.Prabhavathi, APP

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J) We have elaborately heard Ms.Nadhiya, learned counsel for the petitioner and Mrs.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents.

2. It is submitted by the learned counsel for the petitioner that the petitioner's son and daughter in law are illegally detained by the fourth respondent police and the petitioner seeks a direction to the respondents to produce them before this Court.

3. The learned Additional Public Prosecutor appearing for the respondents submits that the petitioner's son and daughter in law are accused in Cr.No.987 of 2020 on the file of the Inspector of Police, Avinashipalayam Police Station, Tirupur District. It is further submitted that they were arrested by the fourth respondent on 12.6.2020 and the fact of arrest has also been intimated to one Mr.Yuvaraj, who is the father of the said Mrs.Sharmila. It is also submitted that the said Mr.Purushothaman is now confined in the District Jail, Tirupur and that the said Mrs.Sharmila is now confined in Magalir Jail, Coimbatore. It is further submitted that the petitioner and her husband are also accused in the said crime number.

4. In the light of the above, we are of the considered view that there is no illegal detention of the petitioner's son and daughter in law as alleged by the petitioner.

5. Hence, the above habeas corpus petition is dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government of Tamil Nadu, Home Department, Secretariat, Chennai-9.

2.The Director General of Police, Mylapore, Chennai-4.

3.The Superintendent of Police, Tiruppur District, Tiruppur.

4.The Inspector of Police, Avinashipayalaym Police Station, Tiruppur District.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.956 of 2020 ln[co] srg 28/07/2020