1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 14.02.2011 CORAM :: THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR. JUSTICE T. SUDANTHIRAM H.C.P(MD)No.121 of 2011 Seethababy, W/o. Balagurusamy, 110, Melur Bungalow Street, Thoothukudi, Thoothukudi District. ....... Petitioner - Vs - 1. The Secretary, Home Department, St. George Fort, Chennai - 600 009. 2. The Director General of Police, Head Quarters, Beach Road, Chennai. 3. The Additional Director General of Police, Egmore, Chennai. 4. The Deputy Inspector General of Police, Tirunelveli. 5. The District Superintendent of Police, Kanyakumari District, Nagercoil. 6. The Superintendent, Sub Jail, Nagercoil. 7. The Inspector of Police, Thuckalai Police Station, Thuckalai, Kanyakumari District. ..... Respondents Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India to call for the records in connection with the remand of the husband of the petitioner and quash the same and direct the seventh respondent to produce the body and person of the petitioner's husband Balagurusamy, Son of Gopal, aged about 34 years now illegally detained in the Sub Jail, Nagercoil before this Hon'ble Court and set him at liberty forthwith. For Petitioner :: Mr. Siva. Ayyappan For Respondents :: Mr. D. Isaac Manuel Additional Public Prosecutor - - - - - - - https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R (Order of the Court was delivered by CHITRA VENKATARAMAN, J.) Wife of the detenu has approached this Court stating that on 28.01.2011, the seventh respondent came to the residence and taken away the detenu and he has been illegally sent to Sub Jail, Nagercoil. 2. Learned counsel for the petitioner submitted that the detenu's brother had purchased vehicles from Bajaj Finance Company Limited and on the default committed by him, to which the detenu has no connection whatsoever, the detenu has been taken to judicial custody by the order of the learned Judicial Magistrate, Thuckalai on the basis of the F.I.R in Crime No.12 of 2011 dated 02.02.2011. The learned counsel submitted that having regard to the materials placed before this Court, the seventh respondent be directed to produce the detenu and release him forthwith. 3. We do not find any reason to interfere since admittedly and evidently, the detenu was taken to judicial custody by the order of the learned Judicial Magistrate, Thuckalai. If the petitioner has any grievance as regards the detention of the detenu, she has to substantiate her claim before the learned Judicial Magistrate, Thuckalai. Therefore, this Habeas Corpus Petition is dismissed. Sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To: 1. The Secretary, Home Department, St. George Fort, Chennai - 600 009. 2. The Director General of Police, Head Quarters, Beach Road, Chennai. 3. The Additional Director General of Police, Egmore, Chennai. 4. The Deputy Inspector General of Police, Tirunelveli. 5. The District Superintendent of Police, Kanyakumari District, Nagercoil. 6. The Superintendent, Sub Jail, Nagercoil. 7. The Inspector of Police, Thuckalai Police Station, Thuckalai, Kanyakumari District. 8. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.Siva Ayyappan, Advocate, SR No.8821 H.C.P(MD)No.121 of 2011 Dpn/RJ/17.2.11/(2p/10c) 14.02.2011 https://hcservices.ecourts.gov.in/hcservices/