H.C.P.No.1509 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.1509 of 2023

P.Kamala

W/o.Purusothaman

.. Petitioner

Vs.

1.

State rep. by

The commissioner of Police

Coimbatore City

Coimbatore.

2.

The Inspector of Police

C2, Race Course Police Station

Coimbatore.

..Respondents

Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of habeas corpus to direct the respondents to produce

the detenu Diljith, son of Purushothaman, aged about 41 years before this

Hon'ble Court and ensure safety and security and set him at liberty from

police custody and detain him at Central Prison, Coimbatore.

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H.C.P.No.1509 of 2023

For Petitioner

:

Mr.R.Sankarasubbu

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,]

When the matter was called, Mr.E.Raj Thilak, learned Additional

Public Prosecutor accepts notice for both respondents.

2. Mr.R.Sankarasubbu, learned counsel on record for petitioner is

before us and his grievance is no lawyer has been allowed to see the detenu.

This is disputed by learned Prosecutor. However, learned Prosecutor, on

instructions, submits that the detenu has now been taken to Government

General Hospital, Coimbatore.

3. Learned counsel for petitioner submits that Mr.Prabhu, Advocate

(Enrolment No.878 of 2016) went over to the police station to see the

detenu but could not meet him.

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H.C.P.No.1509 of 2023

4. However, learned Prosecutor submits that learned counsel can meet

the detenu in the hospital now. Learned counsel also submits that the

detenu is being produced before jurisdictional Court (to be noted,

jurisdictional Court is Judicial Magistrate No.III, Coimbatore) as police

custody period is elapsing today. Learned Prosecutor submits that the

detenu is to be produced before Judicial Magistrate No.III, Coimbatore at

half past four today. It is open to the learned counsel to be present before

jurisdictional Court.

5. As the remand order has in any case been made by learned

Magistrate and as the detention was pursuant to the remand order, we deem

it appropriate to drop the curtains on the captioned HCP but making it clear

that all rights of the petitioner, detenu and / or anyone concerned for detenu

are preserved to assail the remand order dated 31.07.2023 made in

Crl.M.P.No.33549 of 2023 in PRC.No.131 of 2023 in Crime No.81 of 2023,

extension of remand order dated 01.08.2023 in Crl.M.P.No.33549 of 2023

in PRC.No.131 of 2023 in Crime No.81 of 2023 and / or raise objections

when the detenu is produced before the learned Magistrate today.

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H.C.P.No.1509 of 2023

M.SUNDAR, J.,

and

R.SAKTHIVEL, J.,

mk

6. This order will be uploaded in the official website and there is

adequate provision to verify the authenticity as there is a QR code (besides

watermarking). Any official/s or Court/s shall act on this order when

uploaded in the official website of this Court (Madras High Court) without

insisting on certified copy of the same.

7. Captioned HCP is disposed of as closed with the above

observations.

(M.S.,J.)

(R.S.V.,J.)

04.08.2023

Index : Yes

Speaking

Neutral Citation : Yes

mk

To

1.

The Commissioner of Police

Coimbatore City, Coimbatore.

2.

The Inspector of Police

C2, Race Course Police Station

Coimbatore.

3.

The Public Prosecutor

High Court, Madras.

H.C.P.No.1509 of 2023

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