B.Nanthini v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.470 of 2023 B.Nanthini ... Petitioner / Wife of the Detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the detenue, namely, Balaji, S/o.Selvaraj, Male, aged about 25 years, before this Court and set him at liberty. 1/4

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of her husband, namely, Balaji, aged about 25 years, has filed this Habeas Corpus Petition. 2.Today, when the matter is taken up for hearing, the detenue has been produced before this Court by the learned Additional Public Prosecutor appearing for the respondents. When we enquired with the detenue, he has stated that it was true that the respondent Police had come and enquired him and thereafter, on his own volition he had left for Thirupathi and there he had been for five days. Thereafter, on his own, he returned back and reported before the 2nd respondent Police and came to the house and joined with the petitioner.

3.The said statement made by the detenue has not been controverted by the learned counsel appearing for the petitioner. 2/4

4.The learned Additional Public Prosecutor for the respondents submitted that there are atleast three cases under Prohibition Act pending against the detenue, pursuant to which what action has been taken is not known.

5.Be that as it may, insofar as the complaint made by the petitioner, which triggered her to file this Habeas Corpus Petition that the detenue has been abducted or taken by the Police people to unknown place and he might have been in illegal custody, is concerned, that has been clarified by the detenue by himself.

6.Recording the same, we feel that this Habeas Corpus Petition can be closed, accordingly, it is closed.

(R.S.K., J.) & (K.K.R.K, J.) 12.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

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

H.C.P.(MD)No.470 of 2023 12.04.2023 4/4