IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.12.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.RAJESWARAN H.C.P.NO.2052 OF 2008 Maniammal .. Petitioner Vs. 1.The Superintendent of Police, Erode District. 2.The Dept. Superintendent of Police, Erode District. 3.The Inspector of Police, Vellaikoil Police Station, Erode District .. Respondents This habeas corpus petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of habeas corpus directing the respondent to produce the detenue Radha aged about 30 years and Muthumari aged about 35 years, both are daughter-in-laws of the petitioner, Nandhini, aged about 12 years and Meenakshi aged about 10 years, both are grand daughters of the petitioner before this court and set them at liberty. For Petitioner : Mr.R.Sivaraman For Respondents; Mr.P.Kumaresan, APP - - - - ORDER
(The order of the court was made by M.CHOCKALINGAM, J.)
This habeas corpus petition is thoroughly vexatious in the considered opinion of the Court. The petitioner herein has filed this petition seeking writ of habeas corpus for the production of her two daughter-in-laws, namely Radha and Muthumari, aged 30 and 35 years respectively and also her two grand daughters, namely Nandhini and Meenakshi, aged 12 and 10 years respectively before this court.
2.The gist of the case of the petitioner, as could be seen from the averments, is that all the four were taken away by the third respondent, but they were not sent back and they were under illegal custody of the third respondent and under these circumstances, the petitioner was compelled to file this petition before this court.
3.On the contrary, the learned counsel for the State would submit that all the four persons, namely two daughter-in-laws and the grand daughters of the petitioner, as mentioned above, were involved in theft cases registered by Udiyur Police Station in Crime Nos.150 and 151 of 2008. The modus operandi of these four persons were to go to the marriage home and to steal the jewels and thus, the cases came to be registered. They were arrested on 14.12.2008 and were produced before the Judicial Magistrate, Kangeyam and now they are in judicial custody. Both the daughter-in-laws of the petitioner are actually in the Central Prison, Coimbatore, while the other two grand daughters of the petitioners are in the Juvenile Home, Coimbatore as per the direction of the court.
4.In view of the reply given by the learned counsel for the State, the court is of the considered opinion that the request of the petitioner does not require any consideration. Accordingly, this habeas corpus petition is dismissed.
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To
1.The Superintendent of Police,
Erode District.
2.The Dept. Superintendent of Police,
Erode District.
3.The Inspector of Police,
Vellaikoil Police Station,
Erode District