M.Taj Nisha Banu v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN HABEAS CORPUS PETITION(MD)No.527 of 2017 M.Taj Nisha Banu ... Petitioner Vs.

1.State Represented by, The Commissioner of Police, O/o.The Commissioner of Police, K.Pudur, Madurai - 625 007.

2.The Inspector of Police, Thilagar Thidal Police Station, Madurai.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's husband, namely, A.Abdul Rahman, Son of Amanullah, aged about 27 years and set him at liberty.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner and Mr.T.Mohan, learned Additional Public Prosecutor appearing for the respondents.

2.The petitioner is the wife of the detenu. The case of the petitioner is that her husband was working as a Salesman, at Shop No.175, Meenakshi Bazaar, Madurai. On 06.04.2017, at 2.30 p.m. certain people claiming themselves to be Police Personnel, took her husband forcibly, since then, he is missing.

3.Today, when the matter is taken up for hearing, Mr.T.Mohan, learned Additional Public Prosecutor would submit that the petitioner's husband has been arrested in connection with the case in Crime No.693 of 2016, registered by the Malappuram Police, Kerala State, for the offences punishable under Sections 120-B, 121-A and https://hcservices.ecourts.gov.in/hcservices/

427 IPC and Sections 3, 10, 13, 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act and Section 3(a) of the Explosive Substances Act, and he has been produced before the competent Court. Thus, we find that the detenu is not under illegal detention. Hence, this petition is dismissed. It is always open to the petitioner to work out her remedy before the appropriate forum. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, O/o.The Commissioner of Police, K.Pudur, Madurai - 625 007.

2.The Inspector of Police, Thilagar Thidal Police Station, Madurai.

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

SMN2 PSM/RR/18.04.2017/2P/4C H.C.P.(MD)No.527 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/