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Madras High CourtHCP(MD)/1310/2017closed

S.Ponrani, v. The Superintendent Of Police,

2017-10-05Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1310 of 2017 S.Ponrani : Petitioner Vs.

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Muthukulathur Police Station, Muthukulathur Taluk, Ramanathapuram District.

3. Rajendran

4. Muniyasamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's sister, namely, Annal, W/o.Rajkumar, aged about 45 years, before this Court and set her at liberty.

For Petitioner : Mr.N.Balakrishnan For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor For Respondents 3&4 : No Appearance

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the sister of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Annal, W/o.Rajkumar, aged about 45 years, before this Court and set her at liberty.

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2. In the affidavit filed in support of the Habeas Corpus Petition, it has been averred that on 23.08.2017, at about 09.00 AM,

the sister of the petitioner went to Indian Overseas Bank to pledge jewels and thereafter, she did not return back home. In this regard, the petitioner made a complaint before the second respondent. On receipt of the said complaint, the second respondent police registered a case in Crime No.162 of 2017. Since there were no effective steps taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition is taken up for consideration, it is reported by the respondent that one Tamil Selvan appeared before the Village Administrative Officer, Muthukulathur, on 23.08.2017, at about 01.30 PM and gave a statement that he has murdered the detenu. Based on the said statement, the case was altered into one under Section 302 of the Indian Penal Code.

4. In view of the above, we are of the considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Muthukulathur Police Station, Muthukulathur Taluk, Ramanathapuram District.

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

+ 1 CC TO Mr.N.BALAKRISHNAN, ADVOCATE IN SR No. 81962 NB TE/KP/SAR-IV : 13/10/2017 : 2P/5C ORDER MADE IN H.C.P.[MD].No.1310 of 2017 05.10.2017 https://hcservices.ecourts.gov.in/hcservices/