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Judgments of Supreme Court of India and High Courts

Ponmani vs The Superintendent Of Police on 10 July, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI

H.C.P(MD)No.576 of 2019

Ponmani … Petitioner
Vs.
1.The Superintendent of Police,
Tirunveli District.

2.The Inspector of Police,
Cheranmahadevi Police Station,
Tirunelveli District. … Respondents

Prayer : Petition filed under SectionArticle 226 of the Constitution of India for issuance of a
Writ of Habeas Corpus to direct the respondents to produce the person or body of
the petitioner’s husband, namely, Asir Jebakumar, son of Paulthurai, age about 35
years, before this Court and set him at liberty.

For Petitioner : Mr.C.K.M.Appaji

For Respondents : Mr.K.Dinesh Babu
Additional Public Prosecutor
*****
ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.)

The petitioner is the wife of the detenu, namely, Asir Jebakumar, aged

about 35 years and alleging his illegal custody in the hands of the second

respondent, came forward to file this Habeas Corpus Petition and it was entertained.

2. When the matter is listed today, the second respondent filed a counter

affidavit, stating among other things, that the detenu was involved in the commission
http://www.judis.nic.in
2

of a crime registered by Dharavi Police Station, Mumbai, in Cr.No.213 of 2018, under

Section 354 I.P.C., read with Sections 8 and 12 of POCSO Act and he is absconding.

3. A copy of the communication dated 19.06.2019, received from the

Senior Inspector of Police, Dharavi Police Station, Mumbai, Maharashtra, addressed to

the second respondent has also been produced before this Court, wherein a request

was made for the co-operation of the second respondent to find out the accused.

4. In the light of the said material, this Court is of the considered view that

the detenu is not under illegal custody in the hands of the second respondent and

appears to be voluntarily hiding himself apprehending arrest in connection with

Cr.No.213 of 2018 registered by Dharavi Police Station, Mumbai. However, in the light

of the request made by the Senior Inspector of Police, Dharavi Police Station,

Mumbai, Maharashtra, the second respondent is also directed to extend maximum

co-operation to the said official to trace the detenu, if he is available within the State

and do the needful.

5. In fine, this Habeas Corpus Petition is dismissed subject to the above

observations.

Index :No [M.S.N.J.,] [B.P.J.,]
Internet :Yes 10.07.2019
rsb

Note: Registry is directed to mark a copy of this order
to the Senior Inspector of Police, Dharavi Police
Station, 90 Feet Road, Dharavi, Mumbai – 400 017,
Maharashtra.

http://www.judis.nic.in
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To

1.The Superintendent of Police,
Tirunveli District.

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

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

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4

M.SATHYANARAYANAN,J.

AND
B.PUGALENDHI,J.

rsb

H.C.P(MD)No.576 of 2019

10.07.2019

http://www.judis.nic.in

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