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Madras High CourtHCP(MD)/259/2020dismissed

J.Sowkiyadevi v. The Superintendent Of Police

2021-11-22Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Thursday, the Second day of July Two Thousand and Twenty PRESENT The Hon'ble Mr Justice P.N.PRAKASH AND The Hon'ble Mr Justice B.PUGALENDHI J.Sowkiyadevi

...Petitioner/Wife of the detenue

Vs 1 The Superintendent of Police, Tenkasi, Tenkasi District. 2 Suresh Kumar, The Inspector of Police, Senkottai Police Station, Senkottai, Tenkasi District. 3 Shyam Sundar, Sub Inspector of Police, Senkottai Police Station, Senkottai, Tenkasi District. 4 Antony Raja, Head Constable, Senkottai Police Station, Senkottai Tenkasi District.

5 Esakiraja, Sub Inspector of Police, Kovilpatty Town Police Station, Tuticorin District. 6 Abdul Rahman, Ayshaapparels(Nighty Company), Kurinji Nagar, Vallam, Tenkasi District.

...Respondents

Prayer :- Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying this Hon'ble Court to issue a Writ of Habeas Corpus or any other writ or direction or order in the nature of a writ directing the 1st Respondent to produce the body or person of the detenue, namely Jeyavelan,S/o.Krishnasamy, aged 39 years, husband of the petitioner, from the illegal custody of the respondents 2 to 6 before this Hon'ble Court and set him at liberty. ORDER:- Habeas Corpus Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Anandhapadmanabhan, Advocate for the Petitioner, Mr.R.Anandha Raj, Additional Public Prosecutor on behalf of the 1st respondent and of Mr.T.S.R.Venkataramana, Advocate for the 6th Respondent, this Court made the following order:

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On the previous hearing, the learned Additional Public Prosecutor appearing for the first respondent submitted certain video footages which showed that the alleged detenu was not in illegal detention and was freely going around purchasing vegetables and groceries and this video footage was passed to Mr.N.Ananthapadmanabhan, learned Counsel for the petitioner for verfication by his client.

Mr.N.Ananthapadmanabhan, learned Counsel for the petitioner, on instructions, submitted that his client, after viewing the video footage, instructed him to state that the person found in the video footage is not her husband.

Registry may forward the said video footage to Mr.T.S.R.Venkataramana, learned Counsel for the sixth respondent, for him to verify and report before this Court. Post on 16.07.2020.

Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Superintendent of Police, Tenkasi, Tenkasi District. 2 Suresh Kumar, The Inspector of Police, Senkottai Police Station, Senkottai, Tenkasi District. 3 Shyam Sundar, Sub Inspector of Police, Senkottai Police Station, Senkottai, Tenkasi District. 4 Antony Raja, Head Constable, Senkottai Police Station, Senkottai Tenkasi District.

5 Esakiraja, Sub Inspector of Police, Kovilpatty Town Police Station, Tuticorin District. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to 1 Mr.T.S.R.Venkataramana, Advocate, No.72, Law Chamber, Madurai Bench of Madras High Court, Madurai.

(Mobile No.87540 04633) 2 The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 02/07/2020 HEARING DATED : 16.07.2020 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

NS(CO) TR(07.07.2020) 3P 9C 3/3