Madras High CourtHCP(MD)/575/2017closed

P.Jesintha Shanthi, v. The Superintendent Of Police,

2017-06-13Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.575 of 2017 P.Jesintha Shanthi : Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Ambasamuthiram Tirunelveli District.

3.Arokiya Lourdu Pappa, 4.Mariya Selvam, 5.Devadas, 6.Durai, 7.Arun, 8.Amali : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing the 1st and 2nd respondents to produce the body of petitioner's husband namely A.Prince Moses, S/o Augustin Thangadurai, aged about 43 years and set him at liberty.

For Petitioner : Mr.R.Aravind Raj For R1 and R2 : Mr.T.Mohan Additional Public Prosecutor For R3 to R8 : No appearance

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is the wife of the detenu has filed this Habeas Corpus Petition, claiming that her husband has been detained by the 3rd respondent.

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2.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted before us that earlier there was a similar allegation and the detenu filed a petition under Section 482 Cr.P.C. in Crl.O.P.(MD)No.21831 of 2016 and the matter was referred to the mediation and there was a settlement arrived at between the parties. Subsequently, the petitioner's husband is again missing and the police have recorded his statement on 19.05.2017, which is signed statement from a given address. 3.Since this statement having been recorded during the pendency of this Habeas Corpus Petition, we find that there is no case of illegal detention.

4.Hence, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Ambasamuthiram Tirunelveli District.

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

+One cc to Mr.R.Aravind Raj, Advocate, SR.No.59937 Is/sj RL/5C/2P/KP/SAR1/20/6/2017 H.C.P(MD)No.575 of 2017 13.06.2017 https://hcservices.ecourts.gov.in/hcservices/