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Madras High CourtHCP(MD)/204/2025dismissed

Saritha v. The State Of Tamil Nadu

2025-02-14Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA Saritha ... Petitioner/Wife of the detenu .Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to direct the respondents to produce the body or person of the detenu by name Ganesan, aged 42 years, son of Chinnakaruppan before this Court and set him at liberty.

For Petitioner : Dr.R.Alagumani For Respondents : Mr.E.Antony Sahaya Prabakar 1/5

Addl. Public Prosector.

O R D E R

(Order of the Court was made by Dr.G.JAYACHANDRAN.,J) This Habeas Corpus Petition is filed praying this Court to direct the respondents to produce the body or person of the detenu by name Ganesan, aged 42 years, son of Chinnakaruppan before this Court and set him at liberty.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.This Habeas Corpus Petition filed by the wife alleging that her husband by name Ganesan, driver by profession, is missing since 30.01.2025 and she has given a representation to the second respondent/Police on 9.2.2025 reporting missing of her husband. 4.The learned Additional Public Prosecutor appearing for the respondents states that the said Ganesan was arrested and remanded to judicial custody on 11.2.2025 in connection with a case registered in Crime No.251 of 2024, on the file of Alanganallur Police Station, Madurai District for the alleged offence under Sections 454 and 380 of IPC.

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5.In the light of the fact that the husband of the Petitioner is not in legal custody, but, been remanded to judicial custody by the respondents-Police, the Habeas Corpus Petition is dismissed. [G.J.,J.] [R.P.,J.] 14.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn JUDGMENT MADE IN 14.02.2025 5/5