1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.3.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.258 of 2011 Natchiammal W/o.Subramani Shoe maker lane, Gandhi street, Madurai - 20 .. Petitioner vs. 1.State represented by The Commissioner of Police Madurai City, Madurai. 2.The Chief Superintendent, Beggars Rehabilitation Centre, Melavakkam, Chennai. 3.The Assistant Commissioner of Police, L&O Anna Nagar Police Station, Madurai. 4.The Inspector of Police (L&O) E2 Mathichiyam Police station, Madurai City, Madurai. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents to produce the body of the detenue Subramani S/o.Mariappan aged about 60 years now under the illegal judicial custody of the second respondent before this Court and mulct the forth respondent with exemplary costs. For petitioner : Mr.W.Peter Ramesh Kumar For respondents : Mr.P.N.Pandidurai Addl.Public Prosecutor ORDER (Order of the Court was made by S.RAJESWARAN,J) This petitioner is the wife of the detenue, Subramani S/o.Mariappan said to be missing from 08.02.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The case of the petitioner is that the detenue has been taken and remanded before the Judicial Magistrate No.II, in C.C.No.251 of 2011 foisting a case against him and branding him as a 'Beggar'. Thereafter he has been lodged on the orders of the learned Magistrate before the second respondent, namely, the Rehabilitation Centre, Melavakkam, Chennai. It has specific case that her husband is a Cobbler earning Rs.150/- per day. But due to some animosity between the detenue and the respondent police, he has been victimised and lodged in the Rehabilitation Centre branding him as a beggar. Hence, this petition is filed. 3. On instructions, the learned Additional Public Prosecutor would submit that since the detenue was found begging along with three others, by invoking the provisions of law, he was arrested on 11.02.2011 and produced before the learned Judicial Magistrate No.II, Madurai and remanded to Rehabilitation Centre on 11.02.2011 on the orders passed by the learned Magistrate. Therefore, according to him, the detention is not illegal and is only by invoking the provisions of law, namely, the Tamil Nadu Prevention of Begging Act 1945, action has been taken and he has been duly lodged in the Beggars Rehabilitation Centre, Melavakkam, Chennai/the second respondent herein. 4. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. 5. Though the learned counsel for the petitioner attaches motive to the detention order passed by the Magistrate at the instance of the respondent police branding him as a beggar, We are of the view that such lodging in the rehabilitation Centre can never be termed as illegal. Further, only on the orders passed by the learned Judicial Magistrate No.II, Madurai in C.C.No.251 of 2011, he has been lodged in the second respondent home. 6. Hence, in our considered opinion, the detention cannot be considered as illegal and it is always open to the petitioner to resort to remedies available under law. We would like to add that if any such application is filed by the petitioner or any other relatives of the detenue under the provisions of law, the learned Magistrate concerned shall consider the same on merits and pass orders to set at liberty at the earliest. 7. In the result, the HCP is disposed of in the above terms. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Judicial Magistrate No.II, Madurai. 2.The Commissioner of Police Madurai City, Madurai. 3.The Chief Superintendent, Beggars Rehabilitation Centre, Melavakkam, Chennai. 4.The Assistant Commissioner of Police, L&O Anna Nagar Police Station, Madurai. 5.The Inspector of Police (L&O), E2 Mathichiyam Police station, Madurai City, Madurai. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.W.Peter Ramesh Kumar, Advocate (SR.No.8362) H.C.P.(MD)No.258 of 2011 29.3.2011 RR NSV/29.3.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/