Madras High CourtHCP(MD)/743/2022closed

Mathinathu Nooriya Banu v. The Superintendent Of Police

2022-05-25Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice R.Vijayakumar2 pages

H.C.P.(MD)No.743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR H.C.P.(MD)No.743 of 2022 Mathinathu Nooriya Banu .. Petitioner / Wife of the Detenue /Vs./ 1.The Superintendent of police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of police, Office of the Deputy Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

4.Yasmin Pinty 5.Ramesh .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents No.1 to 3 to produce the person or body of the Detenue, namely, Abukuraira, S/o.Hajamohaideen, Male, aged about 47 years before this Court and set him at liberty. For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R3 : Mr.T.Senthil Kumar Additional Public Prosecutor For R4 & R5 : No appearance

ORDER

[Order of the Court was made by R.VIJAYAKUMAR, J.] The wife of the detenue has filed this Habeas Corpus Petition alleging that her husband has been illegally detained by the fourth and fifth respondents.

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H.C.P.(MD)No.743 of 2022 2.Now, the detenue, namely, Abukuraira has appeared before this Court and said that he was in Delhi and he was in the fifth respondent's hotel.

3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3, however, submits that the detenue as well as the fourth respondent have colluded together and involved in a job racketing and hence, in order to escape from the criminal case, this kind of Habeas Corpus Petition has been filed by the wife of the detenue.

4.Now considering the fact that the detenue has appeared before this Court and he has already been set free, we are not inclined to go into the said question. However, if the respondent police receive any complaint as against the alleged detenue or the respondents 4 and 5, with regard to the job racketing, they will be at liberty to proceed further in accordance with law. 5.Recording the same, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (Vacation Officer) // True Copy // 28/05/2022 Sub Assistant Registrar(CS) MYR/SM To 1.The Superintendent of police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of police, Office of the Deputy Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.743 of 2022 Dated:

25.05.2022 RK(28/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2