Madras High CourtHCP(MD)/417/2018closed

S.Krishnaveni v. The Director General Of Police

2018-03-27Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:27.03.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition No.417 of 2018 S.Krishnaveni ... Petitioner -vs1.The Director General of Police, Mylapore, Chennai.

2.The Commissioner of Police, O/o the Commissioner of Police, Madurai.

3.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District 4.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

5.The Inspector of Police, Thiruppachethy Police Station, Sivagangai, Sivagangai District ... Respondents Prayer: Writ petition under Article 226 of the Constitution of India is filed praying for issuance of a writ of Habeas Corpus, to direct the respondents to secure the detenu and produce the person or body of the detenu petitioner's husband namely, Senthil @ Senthilmurugan, S/o.Muthurakku, aged about 32 years before this Court and set at his liberty, who is legally detained by the 5th respondent. For petitioner : Mr.G.Thiruvarutselvan For respondents : Mr.K.Dinesh Babu Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.Vimala,J.,) https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioner/wife seeking a direction to the respondents produce her husband/detenu, namely,

Senthil @ Senthilmurugan, aged 32 years before this Court and set him at liberty.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor would submit that the detenu is an accused in many cases and at present in respect of a case in Crime No.44/2018 on the file of the Koodalpudur Police Station, for offence under sections 457 and 380 IPC, the detenu has been arrested and remanded to judicial custody on 26.03.2018. The detenu is an accused in the following cases:

Sl.No.

Crime Nos.

Offences under Sections (IPC) 128/2018 457 and 380 186/2018 216/2018 457 and 380

3. The learned counsel for the petitioner would submit that as soon as the petitioner herein sent a representation dated 24.03.2018 to the respondents and anticipating the filing of this petition, a false case has been registered against the detenu and therefore, the detention of the detenu is illegal.

4. Whether the detention of the detenu is illegal or not, can be considered not only after investigation / enquiry and at appropriate proceedings. However, recording the objection of the learned counsel for the petitioner, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CSIII) /True Copy/ Sub Assistant Registrar/- To 1.The Director General of Police, Mylapore, Chennai. 2.The Commissioner of Police, O/o the Commissioner of Police, Madurai.

3.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District 4.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

5.The Inspector of Police, Thirupachethy Police Station, Sivagangai, Sivagangai District 6.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to Mr.G.Thiruvarutselvan, Advocate, SR.No.58117 RR RL/8C/2P/SV/MMS/SAR2/20/4/2018 Habeas Corpus Petition No.417 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 27.03.2018