D.Sankarasubbu, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.37 of 2017 D.Sankarasubbu : Petitioner Vs.

1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Murappanadu Police Station, Tuticorin District.

3.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first respondent police to produce the body of Payasam @ Petchimuthu, S/o.Late.Duraipandian, aged 40 years, who is illegally detained by the respondents 1 to 3 and pass orders.

For Petitioner : Mr.V.Maharajan For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

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 brother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce

the person or body of the detenu, namely, Payasam @ Petchimuthu, S/o.Late.Duraipandian, aged 40 years, before this Court and set him at liberty.

2. In the affidavit, it is stated that on 04.01.2017, at about 07.00 AM, the petitioner came to know that his brother was kidnapped by the third respondent. In this regard, the petitioner made a representation, on 05.01.2017 to the respondents police. Since his whereabouts were not known, the petitioner has come up with the present Habeas Corpus Petition.

3. 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 case in Crime No.4. of 2017, for the offences punishable under Sections 341, 294(b), 307 and 506(ii) of the Indian Penal Code, produced before the learned Judicial Magistrate No.III, Tirunelveli and remanded to judicial custody.

4. 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 closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Murappanadu Police Station, Tuticorin District.

3.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

Nb ms skn mm 27 01 2017 3p 5c ORDER MADE IN H.C.P.[MD].No.37 of 2017 06.01.2017