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Madras High CourtHCP/973/2020disposed of

K.Jayaraman v. State Rep.By

2020-06-29Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 973 of 2020 K.Jayaraman, M/50 years S/o.Kuppan, Mariammankoil Street T.Puduppalayam Village, Thiruvennainallur Taluk Villupuram District - 605 803.

... Petitioner -vs1. The State Rep. by The Superintendent of Police Villupuram District, Villupuram.

2. The Inspector of Police Thiruvennainallur Police Station Villupuram District.

3. Mrs.K.Thayalaxmi W/o.Kuppan, New Colony T.Puduppalayam Village Thiruvennainallur Taluk Villupuram District - 605 803.

...Respondents

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 detenue namely, Ms.J.Kousalya, aged about 20 years daughter of K.Jayaraman, before this Hon'ble Court and set her at liberty to secure the ends of justice. For Petitioner : Mr.M.Palanimuthu For Respondents :

Ms.M.Prabhavathi, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the body of the detenue namely, J.Kousalya, aged about 20 years daughter of K.Jayaraman, before this Court and set her at liberty, the present habeas corpus petition has been filed. 2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the earlier order passed by us has not been complied with. 3.Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that the detenue is not in the illegal custody and she has left on her own.

4.Considering the submissions made by the learned Additional Public Prosecutor, we direct the respondents to produce the detenue before the Judicial Magistrate II, Ulundurpet, after due notice to the petitioner. We also expect the learned Judicial Magistrate II, Ulundurpet to hear both the detenue and the petitioner and do the needful.

5.In view of the above, the habeas corpus petition stands disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar raa/mmi/ssm To 1.The Judicial Magistrate II Ulundurpet.

2. The Superintendent of Police Villupuram District, Villupuram.

3. The Inspector of Police Thiruvennainallur Police Station Villupuram District.

4. The Public Prosecutor, High Court, Madras.

H.C.P. No. 973 of 2020 LN(CO) SP(29/07/2020)