K.Shanthamma, F/A-54 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.669 of 2017 K.Shanthamma

...Petitioner

-Vs1. The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.

The Assistant Superintendent of Police, Hosur, Krishnagiri District.

3.

The Inspector of Police, Hudco Police Station, Krishnagiri District Crime No.308/2016 4.

The Inspector of Police, Bagalur Police Station, Krishnagiri District.

Crime No.290/2016 5.

Mohan 6.

Ashok Kumar 7.

Anburaj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body of the petitioner's husband the detenue by name Adisheshashetty Son of Shamannashetty aged 64 years before this Hon'ble Court and handover the custody to the petitioner and set him at liberty. For Petitioner :

Mr.P.Kumaresan for Mr.G.Purushothaman For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor for R1 to R4

ORDER

[Order of the Court was made by C.T.SELVAM, J] Petitioner, who is the wife of the detenu viz., Adisheshashetty, aged 64 years, sought production of her husband.

2. Heard learned counsel for petitioner as also learned Additional Public Prosecutor for respondents 1 to 4.

3. Affidavit of the petitioner as also the various status reports filed by the respondents inform that the detenu had financial dealings. While it is the case of the petitioner that the detenu had financial dealings with respondents 5 and 6 had led to have been obducted by them, the status reports inform much wrong doing in financial transactions by the detenu.

4. Learned Additional Public Prosecutor submits that the detenu has done away with monies belonging to various persons to the tune of Rs.3.5 crores, but complaints have thus received for only in respect of a sum of Rs.1.44 crores. Though a case in Crime No.8/2018 on the file of District Crime Branch, Krishnagiri has been registered against the detenu, the respondents are unable to proceed towards having declared the detenu as proclaimed offender owing to a pendency of this Habeas Corpus Petition.

5. On consideration, this Court is of the view that in the particular circumstance of the case, it is also in the interest of the respondents/state to trace the detenu and a task, no doubt, would pursue it on due earnest.

6. On such reasoning, this Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kmi To

1. The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Assistant Superintendent of Police, Hosur, Krishnagiri District.

3.The Inspector of Police, Hudco Police Station, Krishnagiri District 4.The Inspector of Police, Bagalur Police Station, Krishnagiri District.

5. The Public Prosecutor, High Court, Madras.

+ 3 ccs to M/s. G. Purushothaman, Advocate Sr.81561 H.C.P.No.669 of 2017 AD(CO) EU 26/11/2018