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Madras High CourtHCP/1907/2020dismissed

Motcha Rackini v. The Commissioner Of Police

2020-11-10Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1907 of 2020 Motcha Rackini .. Petitioner Vs.

1.The Commissioner of Police, O/o The Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

2.The Inspector of Police, W-35 All Women Police Station, Tambaram, Chennai.

3.The Inspector of Police, Uvari Police Station, Thirunelveli District.

4.Seshammal 5.Firisma 6.Father Dominic Arul Valan .. Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the 2nd respondent police to produce the body or person of the petitioner's husband Jenifer, who is aged about 32 years, who is under the illegal custody of the 4th respondent before this Court and set him at liberty.

For Petitioner : Mr.B.Sridhar For Respondents Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 to R3 :

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the 2nd respondent police to produce the body or person of the petitioner's husband Jenifer, who is aged about 32 years, who is under the illegal custody of the 4th respondent before this Court and set him at liberty, the present habeas corpus petition has been filed.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3.

3. The detenu is present. He has stated that he is not in the illegal custody nor he married again. It appears that the proceedings are pending between the parties including criminal case filed at the instance of the petitioner, in which, the detenu has already been granted anticipatory bail.

4. Thus, there is no illegal detention involved in this case and the habeas corpus petition stands closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm To 1.The Commissioner of Police, O/o The Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

2.The Inspector of Police, W-35 All Women Police Station, Tambaram, Chennai.

3.The Inspector of Police, Uvari Police Station, Thirunelveli District.

4.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1907 of 2020 bs(co) aa08/12/2020