Madras High CourtHCP(MD)/151/2016dismissed

Maria Amirtham v. The Superintendent Of Police

2016-02-08Honourable Mr Justice G. Chockalingam,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.02.2016 Coram THE HONOURABLE MR.JUSTICE A.SELVAM AND THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM H.C.P(MD)No.151 of 2016 Maria Amirtham .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. By the Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Deputy Superintendent of Police, Colachel Range, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

.. Respondents Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus praying to direct the respondents to produce person or body of the petitioner's son Benedict Alexander, son of Swamiyadiyan, aged about 38 years before this Hon`ble Court and set him at liberty and pass such further or other orders.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.K.S.Durai Pandian Additional Public Prosecutor

ORDER

(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to trace out and produce the detenu by name Benedict Alexander, son of the petitioner.

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2. The learned counsel appearing for the petitioner has contended that the third respondent has taken the detenu in illegal custody and also tortured him. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

3. The Additional Public Prosecutor has represented that against the detenu and one Khaji, a case has been registered in Crime No.54 of 2016 under Sections 294(b), 387 and 506(ii) of the Indian Penal Code on the file of the Karungal Police Station and subsequently arrested and remanded to custody and further, the detenu has been released on bail.

4. On the basis of the representation made on the side of the respondents, this Court has perused the remand report wherein it has been clearly stated that the detenu has been remanded to custody in connection with Crime No.54 of 2016.

5. Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous.

6. In fine, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(R) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Rep. By the State of Tamil Nadu, Kanyakumari District at Nagercoil.

2.The Deputy Superintendent of Police, Colachel Range, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ps RL/5C/AAL/MPA/16/2/2016 H.C.P(MD)No.151 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 08.02.2016