Devi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.2302 of 2023 A.Devi .. Petitioner Vs.

1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Jolarpettai Police Station, Tirupattur District.

3.The Inspector of Police, T-I, Ambattur Police Station, Chennai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 2 and 3 to produce the detenue the petitioner' husband - Kunchala Anand and her husband's brother's wife viz., K.S.Divya Kumari and her minor daughter Nakshathra (5

years) and minor son J.Jaivick (3 years) from the illegal custody of the respondents 2 and 3 and handover to the petitioner. For Petitioner : Mr.V.Rameshbabu For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind for R1 and R2

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner herein is the wife of the detenue viz., Kunchala Anand. His brother's wife, Divya Kumari, and her minor daughter, Nakshathra, and minor son, J.Jaivick, along with the petitioner's husband were taken into custody by the respondents 2 and 3. Thereafter, the petitioner lodged a complaint on 16.11.2023 before the Inspector of Police, T1 Ambattur Police Station. Since, no action has been taken till date, the present Habeas Corpus Petition has been filed.

2.In the status report filed by the respondent police, it is seen that the petitioner's husband was originally arrested and released on bail and now he has returned to his home. Insofar as the petitioner's husband's brother's wife and her children are concerned, they were initially accommodated safely at Tirupattur, and thereafter, they have now returned to their respective homes. As such, the prayer sought for in the present Habeas Corpus Petition has become infructuous.

3.Accordingly, the present Habeas Corpus Petition stands closed. (M.S.R.,J.) (S.M.,J.) 29.02.2024 NCC : Yes / No Index : Yes / No Anu

M.S.RAMESH,J.

and SUNDER MOHAN ,J.

Anu To 1.The Superintendent of Police, Tirupattur District.

2.The Inspector of Police, Jolarpettai Police Station, Tirupattur District.

3.The Inspector of Police, T-I, Ambattur Police Station, Chennai.

4.The Public Prosecutor, Madras High Court H.C.P.No.2302 of 2023 29.02.2024