Umamaheshwari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Umamaheshwari ... Petitioner/Wife of Detenue -vsState represented by 1.The Superintendent of Police, District Police Office, 2.The Inspector of Police, Thiruppuvanam Police Station, 3.The Inspector of Police, Thirupachetti Police Station, ... 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 person or body of the petitioner's husband namely, Veerapathiran @ Raja, son of Kochadai aged about 29 years before this Court and set him at liberty.

For Petitioner :

Mr.C.Ramesh For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to produce her husband namely, Veerapathiran @ Raja, son of Kochadai aged about 29 years before this Court and set him at liberty.

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2.The petitioner would allege that on 14.02.2021 at 10.00 hours, four police persons attached to the first respondent came to her house and took the detenu to their custody for enquiry. But subsequently, he did not come back and hence, she went to the office of the second respondent to enquire about him, but there was no response. Subsequently, she approached the third respondent's office, there also non responded. Hence, she has come up with this petition.

3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would state that the petitioner's husband, the detenu herein is involved in a theft case in Crime No.32/2021 on the file of the Thiruppuvanam Police Station and he was secured by the police on 16.02.2021 and remanded to judicial custody by the Judicial Magistrate, Thiruppuvanam and now he is in Sub Jail at Thiruppachethi.

4.In the light of the above statement of the learned Additional Public Prosecutor, we find no merit in this Habeas Corpus Petition. In fine, it is dismissed as devoid of merit. Sd/- Assistant Registrar(RTI) // True Copy // / /2021 Sub Assistant Registrar(CS) skn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, District Police Office, 2/3

2.The Inspector of Police, Thiruppuvanam Police Station, 3.The Inspector of Police, Thirupachetti Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to Judicial Magistrate, Thiruppuvanam.

19.02.2021 sss(CO) TR(08.03.2021) 3P 6C 3/3