SUGUNA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner one Mrs. Suguna, seeks a writ of habeas corpus alleging that she is residing in the address mentioned in the petition; that her husband was taken by the respondents 1 and 2 on 28.2.2008; but, he was not produced before any Judicial Magistrate that time; that telegraphic messages were given to both the respondents on 3.3.2008, but of no avail; that a paper publication has been made that the petitioner's husband was arrested along with others and lot of jewels were taken from them by the second respondent police, and under the circumstances, the petitioner was compelled to file this petition for a writ of habeas corpus before this Court.

(2.) IN answer to the above, it is contended by the learned Additional Public Prosecutor that an offence was committed by four persons in which the petitioner's husband was also involved; that the occurrence has taken place on 29.2.2008 at 4.45 a.m.; that immediately a case was registered at about 5.00 a.m. by Nagore Police Station during which the petitioner's husband along with three others actually attempted to kill the vehicle driver and wanted to take the vehicle away; but, fortunately, he escaped; that the said case was registered in Crime No.155 of 2008 under Sections 364, 307 and 379 read with 511 and 34 of IPC; that the investigation was on; that pending investigation, out of four accused, A-1 to A-3 were arrested; that the petitioner's husband shown as A-1, was arrested by Dindigul Town North Police Station in connection with some other case; that all the four accused including the petitioner's husband, were arrested on 9.3.2008; that they were produced before the Judicial Magistrate, Nagore, on 10.3.2008; that they were all judicially remanded; that subsequently, A-1 to A-3 and the petitioner's husband were enlarged on bail; that under the circumstances, all these allegations made before this Court, are false and hence, the petition has got to be dismissed.