Madras High CourtHCP(MD)/308/2017disposed of

Balasubramanian, M/38 v. The Superintendent Of Police,

2017-04-17Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.308 of 2017 Balasubramanian : Petitioner Vs.

1.The Superintendent of Police, Madurai.

2.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the second respondent to produce petitioner's wife Muthulakshmi, aged about 28 years and his minor daughter Parnitha, aged about 2 years, before this Court and set her at liberty of the first detenue and hand over the custody of the second detenu to the petitioner. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner has come forward with the present Habeas Corpus Petition to trace his wife and the minor daughter.

2. Mr.T.Mohan, learned Additional Public Prosecutor, on instructions, submitted that the wife of the petitioner, namely, the first detenu eloped and at present, she is at Thirupur and prior to the elopement, she was about eight months pregnant and recently, she has delivered a baby and the whereabouts of the wife of the petitioner were known to the respondents police.

3. Considering the fact that the first detenu has delivered a baby, we direct the second respondent police to produce her before the Jurisdictional Magistrate with prior intimation to the petitioner, so that the petitioner will be able to ascertain the exact position.

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4. The Habeas Corpus Petition is disposed of on the above terms.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai.

2.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai.

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

4.Copy to:

Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.P.Ganapathi Subramanian,Advocate,SR.52470 H.C.P.[MD].No.308 of 2017 17.04.2017 MYR/NB kk/SKN RSK/SAR2/18.04.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/