HABEAUS CORBUS

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2009

CORAM

THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM
AND
THE HONOURABLE MR.JUSTICE V. PERIYA KARUPPIAH

H.C.P.No.1995 OF 2009


S.Vasanthi .. Petitioner

Vs.

1. The Inspector of Police,
    Kollakkambai Police Station,
    Killakkambai Post,
    Coonoor Taluk,
    The Nilgiris District.

2. The Deputy Superintendent of Police,
    Deputy Superintendent Office,
    Ooty Post,
    The Nilgiris District.

3. The Superintendent of Police,
    Superintendent Office,
    Ooty Post,
    The Nilgiris District.

4. The Director,
    Department of Prison,
    Chennai.

5. A.Mani Alias Manikandan

6. Ramesh

7. Rajesh

8.  Babu

9. Anand ..  Respondents

Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India  to direct the respondents to produce Thiru.Sridharan, S/o Balan aged about 36 years before this Honourable Court and set him at liberty.
For Appellant      :  Mr.S.Jayaseelan

For Respondents :  Mr.Babu Muthu Meeran, APP

O R D E R

(The order of the Court was made by M.CHOCKALINGAM, J.)

This writ  for issuance of Habeas Corpus was filed by the petitioner, one Vasanthi, for production of her husband, Sridharan before this Court.
2. Affidavit filed in support of the application is perused. The Court heard the learned counsel for the petitioner and also for the respondent/State.
3. When the matter is taken up for enquiry, the learned counsel for the State would submit that, earlier the petitioner herein has filed  a Habeas Corpus Petition in H.C.P.No.1012 of 2009 on the same allegations made herein, which came to be disposed of by the Division Bench of this Court on 28.7.2009.
4. From the submissions made, it is quite clear that two cases are pending against  the husband of the petitioner,  one in Crime No.244/2004 for offence under section 307 IPC and the other in Crime No.217/2005 for the offence under sections 457 and 380 IPC and in both the cases, non-bailable warrant has been issued by the competent Court and they are yet to be executed.  On earlier occasion, the Bench of this Court was of the opinion that no orders could be passed and a direction was given to the respondents to secure the detenu and produce him before the concerned Court. On the same ground, the instant application has been brought forth.
5. Under such circumstances, this Court is of the opinion that it would be fit and proper to give a direction to the respondents to secure the detenu in execution of the non-bailable warrant  and produce him before the competent Court and the law would also warrant so, accordingly, a direction is issued.
6. With the above direction, the Habeas corpus Petition is disposed of.

(M.C.,J.)    (V.P.K.,J.)
23.12.2009
Index : Yes/No
Internet : Yes/No
vsi


M.CHOCKALINGAM,J.
AND
V. PERIYA KARUPPIAH,J.
vsi
To
1. The Inspector of Police,
    Kollakkambai Police Station,
    Killakkambai Post,
    Coonoor Taluk,
    The Nilgiris District.

2. The Deputy Superintendent of Police,
    Deputy Superintendent Office,
    Ooty Post,
    The Nilgiris District.

3. The Superintendent of Police,
    Superintendent Office,
    Ooty Post,
    The Nilgiris District.

4. The Director,
    Department of Prison,
    Chennai.

5. The Public Prosecutor,
    High Court, Chennai.

HCP.No.1995 of 2009






23.12.2009