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Madras High CourtHCP/1748/2016dismissed

M. Shanthi, Age 40 Years, v.

2016-08-23Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1748 of 2016 M.Shanthi ..

Petitioner/Wife of the detenue vs.

1.State rep. By The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

2.The Superintendent, Central Prison, Coimbatore.

.... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the second respondent to produce petitioner's husband namely V.C.Maniraj @ Manikandan from the illegal custody, before this Court and set him at liberty forthwith.

For Petitioner .. Mr.B.Singaravel For Respondents .. Mr.V.M.R.Rajentren, Additional Public Prosecutor

O R D E R

(The order of the Court was made by S.NAGAMUTHU.,J ) The petitioner is the wife of one Mr.V.C.Maniraj @ Manikandan, who was arrested in connection with the case in Crime No.596/2016 for offences under Sections 420 & 511 I.P.C. 2.According to the petitioner, in connection with the said case, her husband was lodged in Central Prison at Coimbatore. In Crl.M.P.No.1883 of 2016, on 27.07.2016, he was granted bail by the learned Judicial Magistrate No.1, Tiruppur and the bail bond was also sent to the prison authorities. But, they did not let him off instead, they kept him in an illegal detention in https://hcservices.ecourts.gov.in/hcservices/

the prison under the guise of executing a P.T warrant issued for the production of him before the learned Judicial Magistrate First Class-II, Raichur, Karnataka on 11.08.2016. 3.Today, a counter affidavit has been filed by the Superintendent of Prison, Coimbatore wherein, he has stated that it is true that the bail bond was received in connection with the case in Crime No.596/2016 on 11.08.2016 and the same was executed. But, as on 11.08.2016, the respondents have got valid remand extension in respect of the detenu in the cases pending before the Special Court under the TNPID Act and therefore, he was not released on bail.

4.In view of the above position, since, we are satisfied that there is no illegal detention of the detenu, no further direction as prayed for by the petitioner could be granted. Hence, the Habeas Corpus Petition deserves to be dismissed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

2.The Superintendent, Central Prison, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1748 of 2016 pvs[co] srg 08/09/2016 https://hcservices.ecourts.gov.in/hcservices/