Madras High CourtHCP(MD)/1091/2018dismissed

Chellathai v. The Superintendent Of Police,

2018-08-20Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1091 of 2018 Chellathai : Petitioner Vs.

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

2. The Inspector of Police, City Crime Branch, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first, second and third respondents to produce the body of the detenu/petitioner's husband by name Rajapandi @ Vickramaraja, S/o.Natarajan, aged about 42 years before this Court and set him at liberty. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The present Habeas Corpus Petition has been filed by the wife of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Rajapandi @ Vickramaraja, S/o.Natarajan, aged about 42 years, before this Court and set him at liberty.

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2. Today, when the Habeas Corpus Petition was taken up for consideration, the learned Additional Public Prosecutor for the

respondents submitted that the detenu was arrested in connection with a case in Crime No.55 of 2018 on the file of Thanjavur West Police Station, for the offence under Section 379 of the Indian Penal Code.

3. Since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is dismissed, however, giving liberty to the petitioner to work out including on the alleged illegal detention.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-I) To

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

2. The Inspector of Police, City Crime Branch, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

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

SML TE/SKN/SAR-1 : 10/09/2018 : 2P/5C Order made in H.C.P.[MD].No.1091 of 2018 Dated: 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/