A.Velumani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.730 of 2023 A.Velumani ... Petitioner / Mother of the detenue Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Tirunelveli District.

3.Arumugam ... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenue namely, Ms.A.Selvamani, D/o.Arumugam, aged 21, before this Court and set her at liberty. For Petitioner : Mrs.T.Seeni Syed Amma for M/s.Lajapathi Roy and Associates For Respondents : Mr.RMS.Sethuraman - for R1 & R2 Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The learned Additional Public Prosecutor appearing for the respondents 1 and 2 has submitted that the very same petitioner in respect of production of the very same detenu has already filed a H.C.P(MD)No.45 of 2023. Despite that the second Habeas Corpus Petition has been filed by the very same petitioner.

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2. However, the learned counsel Mrs.T.Seeni Syed Amma, appearing for the petitioner submits that this factor has not been brought to the notice of her. Therefore, she wants to withdraw the Habeas Corpus Petition unconditionally. Accordingly, she has made an endorsement to that effect in the Habeas Corpus Petition.

3. Recording the same, this Habeas Corpus Petition is dismissed as withdrawn.

4. However, this dismissal would not prejudice the right of the petitioner to pursue the earlier Habeas Corpus Petition namely, H.C.P(MD)No.45 of 2023.

(R.S.K., J.) & (K.K.R.K, J.) 22.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To 1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Tirunelveli District.

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

RM H.C.P.(MD)No.730 of 2023 22.06.2023 5/5