M.Pandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1217 of 2018 M.Pandian : Petitioner Vs.

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

2. The Inspector of Police, Masarpatti Police Station, Tuticorin District, Tuticorin.

3. Muthukrishnan, Sub-Inspector of Police, Masarpatti Police Station, Tuticorin District, Tuticorin.

4. Prabhu Pandian, Constable of Police, Masarpatti Police Station, Tuticorin District, Tuticorin.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of petitioner's own brother namely M.Alagupandi, Son of Meenachi Sundaram, aged about 27 years old before this Court and set him at liberty. For Petitioner : Mr.G.Thalaimutharasu, For Mr.D.Selvanayagam For Respondents 1&2 : Mr.R.Anandharaj, Additional Public Prosecutor ****** https://hcservices.ecourts.gov.in/hcservices/

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 brother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, namely, M.Alagupandi, S/o.Meenachi Sundaram, aged about 27 years, before this Court and set him at liberty.

2. Today, when the Habeas Corpus Petition was taken up for consideration, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the detenu was arrested today (21.08.2018) at 08.05 a.m., in connection with a case in Crime No.1 of 2018 on the file of Masarpatti Police Station, for the offence under Section 302 of the Indian Penal Code. He further submitted that the detenu will be remanded today itself.

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.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-II) To

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

2. The Inspector of Police, Masarpatti Police Station, Tuticorin District, Tuticorin.

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

+ 2 CC TO Mr.D.SELVANAYAGAM, ADVOCATE IN SR No. 79887 & 79524 SML TE/RSK/SAR-2 : 06/09/2018 : 2P/6C Order made in H.C.P.[MD].No.1217 of 2018 Dated: 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/