Madras High Court
Neelima vs The Commissioner Of Police on 7 November, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
HCP.No.2858 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
H.C.P.No.2858 of 2024
Neelima ... Petitioner
Vs.
1.The Commissioner of Police,
Greater Chennai City Police,
Office of the Commissioner of Police,
Vepery,
Chennai – 600 007.
2.The Inspector of Police,
Central Crime Branch,
Alpha-06, Job Racket Wing,
Vepery, Chennai.
(Crime No.181 of 2024) ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, call for the records pertaining to the order
dated 05.11.2024 in Crl.M.P.No.65568 of 2024 and order dated
06.11.2024 in Crl.M.P.No.66266 of 2024, respectively passed by the
learned Additional Metropolitan Magistrate for CCB and CBCID cases,
Egmore, Chennai, in connection to Crime No.181 of 2024, on the file of the
2nd respondent police and to set aside the same and direct the 2nd
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HCP.No.2858 of 2024
respondent to produce the body of the detenue Mr.Krishnakumar @
Varaaki, S/o.Radhakrishnan, aged about 50 year and set him liberty from
the Police Custody.
For Petitioner : Mr.P.Rajkumar Pandian
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The Habeas Corpus Petition on hand has been instituted to call for
the records and set aside the order dated 05.11.2024 in Crl.M.P.No.65568
of 2024 and order dated 06.11.2024 in Crl.M.P.No.66266 of 2024,
respectively passed by the learned Additional Metropolitan Magistrate for
CCB and CBCID cases, Egmore, Chennai, in connection to Crime No.181
of 2024, on the file of the 2nd respondent police.
2. The learned counsel for the petitioner would submit that the
detenue has been ill treated by the respondent police during police custody.
The respondent police is pressurizing the detenue to give confession
statement contrary to the facts.
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3. Regarding maintainability of the Habeas Corpus Petition, the
learned counsel for the petitioner relied on the judgment of the Hon'ble
Supreme Court in the case of V.Senthil Balaji Vs. State represented by
Deputy Director and Others1, which reads as follows,
“28. A writ of habeas corpus shall only be issued
when the detention is illegal. As a matter of rule, an
order of remand by a judicial officer, culminating into
a judicial function cannot be challenged by way of a
writ of habeas corpus, while it is open to the person
aggrieved to seek other statutory remedies. When
there is a non-compliance of the mandatory provisions
along with a total non-application of mind, there may
be a case for entertaining a writ of habeas corpus and
that too by way of a challenge.”
4. We find that Habeas Corpus Petition may be entertained, if the
order of remand passed by the learned Magistrate is found to be illegal. In
such circumstances, the Court may draw an inference that the custody is
illegal, which may be construed as illegal detention. As far as the present
petition is concerned, it is filed challenging the order of the learned
Magistrate granting police custody, on conditions. In the event of violation
1 2024 3 SCC 51
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and non compliance of the condition imposed by the learned Magistrate,
the detenue is at liberty to give statement or make submissions before the
learned Magistrate, when he is produced before the learned Magistrate on
completion of the period of police custody. Therefore, the present Habeas
Corpus Petition is not entertainable, since the petitioner has not established
any illegal detention.
5. In such circumstances, the Habeas Corpus Petition is
dismissed.
[S.M.S., J.] [M.J.R., J.]
07.11.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
gd
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To
1.The Commissioner of Police,
Greater Chennai City Police,
Office of the Commissioner of Police,
Vepery,
Chennai – 600 007.
2.The Inspector of Police,
Central Crime Branch,
Alpha-06, Job Racket Wing,
Vepery, Chennai.
3.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
M.JOTHIRAMAN, J.
gd
07.11.2024
https://www.mhc.tn.gov.in/judis
