S.Ponmalar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE SUNDER MOHAN H.C.P.No.2383 of 2023 Mrs.S.Ponmalar .. Petitioner Vs.

1.The State rep by its Commissioner of Police, Tambaram City Police Commissionerate, Sholinganallur, Chennai.

2.The State, rep by its Inspector of Police, Peerkankaranai Police Station, Tambaram City Police, Chennai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's husband namely Mr.Sylu @ Sylender, S/o Gangadharan, the detenue, who is now under the illegal custody of the 2nd respondent before this Court and to release him forthwith.

For Petitioner :

Mr.Arun G.

For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Since the petitioner's husband went missing from her residence, she had preferred a complaint before Police and consequently, has filed the present Habeas Corpus Petition.

2. Today, when the matter was called, learned counsel for the petitioner submits that the petitioner has been arrested and remanded to judicial custody in connection with a case in Cr.No.750 of 2023 on 01.12.2023.

3. Since the petitioner is in judicial custody as on date, the detention cannot be termed as illegal. Accordingly, the habeas corpus petition is closed. (M.S.R.,J.) (S.M.,J.) 09.02.2024 Internet : Yes / No Index : Yes / No sr

To

1. Commissioner of Police, Tambaram City Police Commissionerate, Sholinganallur, Chennai.

2. Inspector of Police, Peerkankaranai Police Station, Tambaram City Police, Chennai

M.S.RAMESH,J.

and SUNDER MOHAN,J.

sr H.C.P.No.2383 of 2023 09.02.2024