Madras High CourtHCP(MD)/1253/2018closed

N. Thulasi v. The Commissioner Of Police

2018-09-12Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1253 of 2018 N.Thulasi : Petitioner Vs.

1.The Commissioner of Police, City Police Commissioner Office, Trichy 23.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

3.Dr.Sathyamoorthy 4.Kaliyaperumal 5.Sivakumar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the petitioner's husband in person or body of the detenu, namely, Paramasivam, S/o.Mookan, aged about 72 years, before this Court and set him at liberty, on the petitioner's petitions dated 01.09.2017 and 14.08.2018.

For Petitioner : Mr.S.Radhakrishnan For Respondents 1&2 : Mr.K.Dinesh Babu Additional Public Prosecutor For Detenu : Mr.M.Subash Babu

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the petitioner's husband in person or body of the detenu, namely, Paramasivam, S/o.Mookan, aged about 72 years, before this Court and set him at liberty, on the petitioner's petitions dated 01.09.2017 and 14.08.2018.

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2. We do not find any illegal detention of the detenu. The detenu is present and he states that he is residing with his wife. He also disputes the factum of marriage between him and the petitioner. Thus, we do not find any illegal detention, though the petitioner claims to be the wife of the detenu. We cannot go into the said dispute. Suffice to say that the detenu is not in illegal detention. The Habeas Corpus Petition stands disposed of accordingly.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-IV) NB To 1.The Commissioner of Police, City Police Commissioner Office, Trichy 23.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

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

+1cc to Mr.S.Radhakrishnan, Advocate in SR No.84409 +1cc to Mr.M.Subash Babu, Advocate in SR No.84569 H.C.P.[MD].No.1253 of 2018 NM/SKN/SAR 4/01.10.18/2P/6C https://hcservices.ecourts.gov.in/hcservices/