D. Rajesh v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE N.ANAND VENKATESH D.Rajesh ...Petitioner/Husband of the Detenue Vs.
1.The Superintendent of Police, Kanyakumari District, at Nagercoil.
2.The Deputy Superintendent of Police, Thakkalai Circle, Kanyakumari District at Nagercoil.
3.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District, at Nagercoil.
4.Sagayam ....Respondents PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce Petitioner's wife namely Sri Devi, aged 25 years before this Court and set her at liberty and also to produce the Petitioner's minor children namely(1)Srirakshitha, aged about 5 years and (2)Sri rakshana, aged about 1.1/2 years before this Court and hand over their custody to the Petitioner.
For Petitioner : Mr.P.Mahendran For Respondents : Mr.K.Dinesh Babu 1 to 3 Addl. Public Prosecutor For Respondent-4 : Mr.M.R.Sreenivasan 1/3
O R D E R
S.VAIDYANATHAN, J.
AND N.ANAND VENKATESH, J.
Pursuant to the orders passed by this Court on 21.10.2019, the matter was again posted for hearing on 14.10.2019. On that day, we were informed that the husband and wife are living happily along with children. We were also informed that the investigation is in progress and that the fourth respondent will be secured and will be remanded to judicial custody. We were also informed that the important certificates of the detenue and children are restrained in the place of the fourth respondent and We directed the Police to secure all those certificates and hand over the same to the respective parties.
2.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, submitted that the fourth respondent was arrested yesterday and he has been remanded to judicial custody by the Judicial Magistrate No.II, Padmanabhapuram.The learned Additional Public Prosecutor further submitted that the investigation is in progress and the same will be completed as expeditiously as possible .
3.The learned counsel appearing on behalf of the fourth respondent submitted that he had persuaded his client to hand-over all the certificates and all those certificates were sent to him through courier and it was produced before this Court. We direct the learned counsel for the fourth respondent to hand over the certificates to the learned counsel representing the Petitioner. 4.In view of the above development, no further orders are necessary to be passed in this Habeas Corpus Petition, except recording the submissions made on either side. 5.Accordingly, the Habeas Corpus Petition stands disposed of. Sd/- Assistant Registrar (CS--III) // True Copy // Sub Assistant Registrar(CS) vsn 2/3
To 1.The Superintendent of Police, Kanyakumari District, at Nagercoil.
2.The Deputy Superintendent of Police, Thakkalai Circle, Kanyakumari District at Nagercoil.
3.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District, at Nagercoil.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.P.MAHENDRAN, Advocate ( SR-93606[F] dated 22/10/2019 ) +1 CC to Mr.M.R.SREENIVASAN, Advocate(SR-94030[F] dated 23/10/2019 ) ORDER MADE IN 22.10.2019 VB(06.11.2019) 3P 7C 3/3