Madras High CourtHCP(MD)/743/2018dismissed

Sasikala v. The Superintendent Of Police,

2018-06-20Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.743 of 2018 Sasikala ... Petitioner Vs.

1. State rep. by The Superintendent of Police, Dindigul District, Dindigul.

2. State rep. by The Inspector of Police, Kannivadi Police Station, Dindigul District.

3. State rep. by The Inspector of Police, Nilakottai Police Station, Dindigul District.

4. State rep. by The Inspector of Police, Thadikombu Police Station, Dindigul District.

5. Sooriyadevi

6. Ganesan

7. Muthumalathi

8. Sanjai

9. Velmurugan 10.Shanthi 11.Saravanakumar ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the Respondents No.1 to 4 to produce the person or body of the detenue namely Prabhakaran, S/o. Velmurugan, aged about 27 years, husband of the petitioner from the illegal custody of the Respondents No.5 to 11 before this Hon'ble Court and set him at liberty. For Petitioner : Mr.K.Asok Kumar Ram

For Respondents : Mr.K.Dinesh Babu 1 to 4 Additional Public Prosecutor For Respondents : Mr.S.Balaji 5 to 11

ORDER

(Order of the Court was made by C.T. SELVAM,J.) This petition has been filed by the wife, seeking production of her husband, Prabhakaran, aged about 27 years. 2.The typed set of papers filed by respondents 5 to 11 discloses that on 05.04.2018 petitioner has filed a counter to the divorce petition moved by the detenu/husband in H.M.O.P.No.117 of 2017 on the file of Principal Subordinate Judge, Dindigul. The said fact has not been informed in the affidavit of the petitioner dated 28.05.2018, filed in support of the writ petition. 3.In the circumstances, the Habeas Corpus Petition stands dismissed. The petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) in cost to the District Legal Services Authority, District Court, Madurai on or before 26.06.2018. Post the matter for reporting compliance on 28.06.2018. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kannivadi Police Station, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

4.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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

6.The District Legal Services Authority, District Court, Madurai.

+ 1 CC TO Mr.K.ASHOK KUMAR RAM, ADVOCATE IN SR No. 68873 SJ TE/RSK/SAR-2 : 22/06/2018 : 3P/8C H.C.P.(MD)No.743 of 2018 20.06.2018