Madras High CourtHCP(MD)/1037/2017dismissed

M. Malarmannan v. The Inspector Of Police

2017-07-26Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.1037 of 2017 M.Malarmannan ... Petitioner Vs.

1. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(in Crime No.410 of 2017)

2. Kalaivanan Kamankottai Village, Paramakudi Taluk, Ramanathapuram District.

... Respondents PRAYER : Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the first respondent to secure the detenu by name Saranya Devi, W/o.Malarmannan, Hindu, aged about 29 years and the minor child by name Guruseelan, S/o.Malarmannan, Hindu, aged about 5 years from the illegal detention of the second respondent and produce them before this Court and set the detenu Saranya Devi at liberty and hand over to the petitioner.

For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner being the husband filed this Habeas Corpus Petition seeking production of detenu, who are none other than her wife and son.

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2. The learned Additional Public Prosecutor on instructions

would submit that for the second time the detenu has eloped along with the minor child. The petitioner is the husband.

3. In such view of the matter, we do not find any merit in this petition. Accordingly, the Habeas Corpus Petition is dismissed. However, liberty is given to the petitioner to file a petition before the Jurisdictional Magistrate under Section 97 of Cr.P.C.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

+1 cc to MR.R.Venkateswaran , Advocate in SR.No. 67733 Akv AE/JC/SAR2/08.08.2017/2P/4C H.C.P.(MD).No.1037 of 2017 26.07.2017 https://hcservices.ecourts.gov.in/hcservices/