Madras High CourtHCP(MD)/1880/2017dismissed

D. Flora, W/O. Devasagayam v. The Superintendent Of Police,

2017-12-28Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE H.C.P(MD)No.1880 of 2017 D.Flora .. Petitioner Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Theni District, Theni.

2. The Superintendent of Police, O/o. The Superintendent of Police

3. The Inspector of Police, Odapatti Police Station, Theni District, Theni.

4. The Inspector of Police, Chinnamanoor Police Station, Theni District, Theni.

5. The Inspector of Police, Rajapalayam Police Station, .. Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 5 to produce the person or body of the petitioner's son namely M.Shekar, S/o.D.Flora aged 52 year before this Hon'ble Court hand over the custody to the petitioner. For Petitioner : Mr.T.Lajapathiroy For Respondents : Mr.C.Ramesh, Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VAIDYANATHAN, J.] This Habeas Corpus Petition is filed by the petitioner seeking a direction to the respondents to produce the person or body of the petitioner's son namely M.Shekar, S/o.D.Flora aged 52 years before this Hon'ble Court and to hand over the custody to the petitioner.

2. Today, when the Habeas Corpus Petition was taken up for consideration, the learned Additional Public Prosecutor for the respondents submitted that the detenu was arrested in connection with a criminal case in Cr.No.403 of 2017 under Sections 457 & 511 IPC, on the file of Rajapalayam South Police Station and produced before the concerned learned Judicial Magistrate and remanded to judicial custody.

3. In view of the above, since the detenu is not in illegal custody, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. The Superintendent of Police, Theni District, Theni.

2. The Superintendent of Police, O/o. The Superintendent of Police

3. The Inspector of Police, Odapatti Police Station, Theni District, Theni.

4. The Inspector of Police, Chinnamanoor Police Station, Theni District, Theni.

5. The Inspector of Police, Rajapalayam Police Station,

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

SSL/GK VB/SV/MMS/SAR1/11/01/2018/3P/7C H.C.P(MD)No.1880 of 2017 28.12.2017