M.Ramasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD)No.526 of 2021 M.Ramasamy ... Petitioner -vs1. The Superintendent of Police, Office of Superintendent of Police, Surveyor Colony, Madurai District.

2. The Inspector of Police, Kalligudi Police Station, Madurai District.

3.M.Ganesh Babu ... Respondents 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 R.Tharikasri D/o.M.Ramasamy, aged about 4 years, now in the illegal custody of 3rd respondent before this Court and handover the custody to the petitioner.

For Petitioner :

Mr.S.Jeyasingh For R1 & R2 :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking direction to the respondents 1 & 2 to produce the petitioner's daughter, namely, R.Tharikasri D/o.M.Ramasamy, aged about 4 years, now in 1/3

the illegal custody of 3rd respondent before this Court and handover the custody to the petitioner.

2. Heard Mr.S.Jeyasingh, learned counsel appearing for the petitioner as well as Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents 1 & 2 and perused the materials available on record.

3. The learned counsel appearing for the petitioner would state that the detenue has now joined with the petitioner and hence, the prayer in the habeas corpus petition has become infructuous.

4. When the matter is taken up for hearing today, the petitioner appeared before this Court along with detenue through video conferencing from the office of the learned counsel for the petitioner and he has not disputed the statement of the learned counsel for the petitioner.

5. In view of the above submission, this habeas corpus petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Superintendent of Police, Office of Superintendent of Police, Surveyor Colony, Madurai District.

2. The Inspector of Police, Kalligudi Police Station, Madurai District.

2/3

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

+1 CC to Mr.S.JEYA SINGH, Advocate ( SR-2302[F] dated 29/01/2021 ) 27.01.2021 am AE/ (05/02/2021) 3P / 5C 3/3