Madras High CourtHCP(MD)/1188/2019dismissed as infructuous

B. Vijaya Shanthi v. The Home Secretary

2020-02-25Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI B.Vijaya Shanthi : Petitioner/Wife of Detenue Vs.

1.The State of Tamil Nadu rep. by its Home Secretary Fort St. George Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Mylapore,Chennai-4.

3.The Superintendent of Police, O/o. District Superintendent of Police, Trichy,Trichy District.

4.Mr.Muthukumar, Inspector of Police, Lalgudi Police Station, Lalgudi,Trichy-621601.

5.Mr.Sathish Kumar, The Sub-Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy-621601.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of petitioner's husband K.Bharathi Mohan, S/o.Kalliyamoorthi, aged about 37 years, before this Court.

For Petitioner : Mr.Mr.Sethu Mahendran for M/s. S.Lenin Prabhu For Respondents : Mr.K.Dinesh Babu Addl. Public Prosecutor for RR-1 to 3 Mr.P.Ganapathi Subramanian for R-4 Mr.R.Sundar, owner of the property Mr.B.Saravanan, appointed as Advocate Commissioner 1/3

ORDER

(Order of the Court was made by T.RAJA., J) Mrs.B.Vijaya Shanthi has filed this habeas corpus petition for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of her husband viz., K.Bharathi Mohan, S/o.Kalliyamoorthi, aged about 37 years, before this Court. 2.On various allegations made against the respondent Police, learned counsel appearing for the petitioner also submitted that on the bail application moved before the trial court in Cr.M.P.No.5377/2019, the detenu was released on bail on 21.11.2019. 3.Since Mr.Bharathimohan has already been released by the trial court in Cr.M.P.No.5377/2019, by an order dated 21.11.2019, we are of the view that nothing survives for adjudication in this petition. Hence, this petition is dismissed as infructuous. Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) vs To 1.The Home Secretary State of Tamil Nadu Fort St. George Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-4.

3.The Superintendent of Police, O/o. District Superintendent of Police, Trichy, Trichy District.

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

5.The Joint Secretay to Government, Public (Law & Order) Fort St. George, Chennai-9 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.S.LENIN PRABU, Advocate ( SR-8999[F] dated 27/02/2020 ) Dated:25.02.2020 VB(17.03.2020) 3P 8C 3/3