Madras High CourtHCP/3000/2018disposed of

Jasmine v. The Superintendent Of Prisons

2018-12-27Honourable Mr Justice S. Vaidyanathan,Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE Ms. JUSTICE P.T.ASHA HCP No. 3000 of 2018 Jasmine ..Petitioner Vs 1.The State rep. by the Superintendent of Prisons Central Prison, Puzhal Chennai-600 066 2.The Deputy Commissioner of Police Ambattur Range Ambattur, Chennai-600 053 3.The Inspector of Police Mangadu Police Station Chennai-600 122 ..Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to direct the first respondent herein to produce the detenu before this court namely M.Sam @ Samson, son of Moorthy Jacob, aged about 31 years, the husband of the Petitioner and set him at liberty and pass such further orders.

For Petitioner : Mr.G.Magesh Kumar For Respondents : Mr.C.Raghavan, Government Advocate (Criminal Side)

ORDER

(Order of the Court was made by S.Vaidyanathan,J) This Habeas Corpus Petition has been filed to direct the first respondent herein to produce the detenu namely M.Sam @ Samson, son of Moorthy Jacob, aged about 31 years, the husband of the Petitioner before this court and set him at liberty.

2. The Petitioner herein is the wife of the detenu namely M.Sam @ Samson, son of Moorthy Jacob. It is stated that the detenu has been arrested on 15.12.2018 by the third respondent

in Crime No.1840/2018 for the alleged offences punishable under Sections 447, 379, 430 IPC and remanded to Judicial Custody by the learned Judicial Magistrate, Sriperumbudur, Kancheepuram. Subsequently, by order dated 24.12.2018, he was enlarged on bail. But, inspite of the receipt of bail bond, he was not released on bail by the first respondent. Further, it came to light that Proceedings under Section 107 Cr.P.C, has been initiated against the husband of the Petitioner.

3. Heard the learned counsel for the Petitioner and the learned Governement Advocate (Criminal Side) appearing for the respondents.

4. When the husband of the Petitioner has been granted bail in connection with case in Crime No.1840/2018, he cannot be detained in jail, stating that yet another proceedings under Section 107 Cr.P.C., has been initiated against him. Therefore, the detenue has to be released forthwith. Accordingly, we direct the first respondent to release the detenu viz., Samson, son of Moorthy, forthwith, unless his presence is required in connection with any other case.

5. The Habeas Corpus Petition is disposed of on the above terms.

6. For reporting compliance post on 31.12.2018. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar nvsri/ssm To

1. The Judicial Magistrate, Sriperampdur, Kancheepuram

2. - do - Through The Chief Judicial Magistrate, Kancheepuram.

3. The Superintendent of Prison, Central Prison, Puzhal.

4. The Deputy Commissioner of Police, Ambattur Range, Ambattur, Chennai-600 053 5.The Inspector of Police, Mangadu Police Station Chennai-600 122

6. The Joint Secretary to Government, Public (Law & order), Fort.St.George, Chennai-9. Copy To:The Public Prosecutor, High Court, Madras. HCP No. 3000 of 2018 VGI(CO) GMY(23/01/2019)