Vijayakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.NO.1647 OF 2016 Vijayakumar ... Petitioner Vs.

1. State: Rep. By Inspector of Police Sathankadu Police Station Chennai.

(Sathankadu P.S. Cr.No.408/2008)

2. The Superintendent Puzhal Central Jail Puzhal, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records in connection S.C.No.185 of 2009 under Section 302 IPC against Mr.Vijayakumar (CT No.3921) who is now confined at Puzhal Central Jail, Chennai and set off the same and direct the 2nd respondent to produce him before this Court and set him at liberty.

For Petitioner : Mr.M.Kempraj For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] The Habeas Corpus Petition has been filed by the detenu M.Vijayakumar (CT No.3921), who is now confined at Puzhal Central Jail, Chennai, to call for the records, relating to S.C.No.185 of 2009, under Section 302 IPC, and set off the period during which he was in remand and to direct the second respondent to produce him before this Court and set him at liberty.

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2. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents had placed before this Court a letter, dated 24.10.2016, addressed by the Superintendent of Prisons, Central Prison 1 (Convict), Puzhal, Chennai, stating that the detenu had been released on 15.10.2016. The letter, dated 24.10.2016, of the Superintendent of Prisons, reads as follows: "I am to state that the prisoner CT No.3921 Vijayakumar S/o. Ayyamperumal, had filed a petition (HCP No: 1647/2016) seeking `Remand Setoff', so that he would be released immediately. After deducting the remission earned by the prisoner during his incarceration period as per Tamil Nadu Prison Manual, his release was scheduled to be on 15.10.2016, and he was released on remission rules on the said date i.e, 15.10.2016."

3. The learned counsel appearing on behalf of the petitioner had not disputed the submissions made by the learned Additional Public Prosecutor appearing on behalf of the respondents.

4. In such circumstances, as no further orders are necessary, the Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar TK To

1. The Inspector of Police Sathankadu Police Station Chennai.

2. The Superintendent Puzhal Central Jail Puzhal, Chennai.

3. The Public Prosecutor High Court of Madras, Chennai.

H.C.P.NO.1647 OF 2016 UG(CO) CA(22/11/2016) https://hcservices.ecourts.gov.in/hcservices/