Kumara Sakthi, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD).No.593 of 2017 Kumara Sakthi : Petitioner Vs.

1.The State represented by, The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Harbour (Jetty) Police Station, Rameswaram, Ramanthapuram District.

3.Muthuramalingam 4.Dharmar 5.K.Arjunan 6.Kumaravel 7.Muthuramalingam 8.Balamurugan 9.Kaleeswaran : Respondents PRAYER:Habeas Corpus Petition is filed under Article 226 of the Constitution of India directing the Respondents to produce the body or person of the petitioner's husband by name Muthu Ramalingam, S/o.Marimuthu (Male, aged 43 years) detenu in the present case, before this Hon'ble Court and consequently set him at liberty.

For Petitioner : Mr.S.Balaji For Respondents : Mr.T.Mohan for R1 and R2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J] The petitioner is the wife of the detenue and according to him, the detenue is under the illegal custody of the private respondents.

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2.The learned Additional Public Prosecutor on instructions from the second respondent police submitted that the petitioner's husband has borrowed a loan from the private respondents to the tune of Rs.27,00,000/-. The learned counsel for the petitioner does not disputed the said fact, but states that all the amounts have been settled and except the third respondent, who has to be settled. Thus, we find, he has not been illegally detained, but the petitioner's husband is evading the creditors. Thus, we find, no grounds to entertain the said Habeas Corpus Petition. Accordingly, this habeas corpus petition is dismissed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To

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

2.The Inspector of Police, Harbour (Jetty) Police Station, Rameswaram, Ramanthapuram District.

+1CC to M/S.S.Balaji, Advocate, SR.No. 54414 ORDER MADE IN H.C.P.(MD).No.593 of 2017 24.04.2017 am/tsg KK/JC/04.05.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/