Madras High CourtHCP(MD)/1249/2018dismissed

Kaliyammal v. The Commissioner Of Police

2018-08-28Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1249 of 2018 Kaliyammal : Petitioner Vs.

1.The Commissioner of Police, Commissioner of Police Office, Madurai.

2.The Inspector of Police (Crime), C3 Police Station, SS Colony, Madurai.

3.The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram, Madurai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to secure and produce the body of the detenu, namely M.Ganesh, son of Late.Madasamy, aged 22 years, before this Court and set him at liberty, as may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.G.Jeremiah For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The present Habeas Corpus Petition has been filed by the mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, M.Ganesh, son of Late.Madasamy, aged about 22 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 submitted that the detenu was arrested and remanded to judicial custody in connection with a case in Crime No.84 of 2018 on the file of Thirupparankundram Police Station, for the offence under Section 392 of the Indian Penal Code. https://hcservices.ecourts.gov.in/hcservices/

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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Commissioner of Police, Commissioner of Police Office, Madurai.

2.The Inspector of Police (Crime), C3 Police Station, SS Colony, Madurai.

3.The Inspector of Police, Thirupparankundram Police Station, Thirupparankundram, Madurai.

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

+1CC to Mr.G.Jeremiah, Advocate, SR.No.81154 Order made in H.C.P.[MD].No.1249 of 2018 28.08.2018 SML ES/SKN/RSK/SAR 1/25.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/