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2010 Supreme(Mad) 4507
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
Kannamma
Versus
The Superintendent of Police, Thiruvallur & Another
H.C.P. No. 1797 of 2010
Decided On : 19-10-2010
For the Petitioner:S. Sairaman, Advocate.
For the Respondents: M. Babu Muthumeeran, Additional Public Prosecutor.
The legality of custody and arrest in habeas corpus petitions is determined based on the specific circumstances and legal provisions related to the arrest and remand.
Headnote:
Habeas Corpus - Illegal Custody - The court dismissed the habeas corpus petition filed by the petitioner, who claimed that her sister and husband were in illegal custody, based on the contention that the detenue were arrested in connection with specific crimes and remanded to judicial custody by the Magistrate.
Fact of the Case:
The petitioner claimed that her sister and husband were taken by the police and were in illegal custody.
Finding of the Court:
The court found that the detenue were arrested in connection with specific crimes and remanded to judicial custody, dismissing the habeas corpus petition.
Issues: Grievance of illegal custody, arrest of the detenue by the police.
Ratio Decidendi: The court considered the specific crimes for which the detenue were arrested and the remand to judicial custody as per the contention of the State's counsel.
Final Decision: The habeas corpus petition was dismissed by the court.
(Order of the Court was made by M. CHOCKALINGAM, J)
1. The grievance ventilated by the petitioner is that her sister Pattani, wife of Anjapuli and her husband Anjapuli were taken by the respondent-police on 14.9.2010, but they have not yet been produced before any Court of law and both of them are in illegal custody. Hence, this application has been brought forth by the petitioner.
2. In answer to the above, it is contended by the learned counsel for the State that the detenue Pattani was arrested in connection with Crime No.800 of 2010 by C2 Periyapalayam police station for the offence under Section 379 of the Indian Penal code and the detenu Anjapuli was arrested in connection with Crime No.794 of 2010 by C2 Periyapalayam Police Station for the offences under Sections 341, 506(2) and 307 of the Indian Penal Code and both of them were remanded to judicial custody by the learned Judicial Magistrate, Uthukottai. In such circumstances, the request of the petitioner does not require any consideration and the habeas corpus petition is dismissed.
