MURUGAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HABEAS corpus petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to produce the detenu Sundaramoorthy S/o.Vedi aged 38 years now confined in Central Prison, Chennai before this Court and set him at liberty forthwith. This petition has been filed for production of one Sundaramoorthy, S/o.Vedi, now confined in Central Prison, Chennai, alleging that his detention is illegal and has to be produced before the Court and set him at liberty forthwith.

(2.) BRIEF fact of the case are as follows:- The detenu Sundaramoorthy was taken to custody on 08.07.2007 and produced before the POTA Court on 11.07.2007. Ever since the date of his arrest, the detenu is under the Judicial Custody till date and the detenu is involved in the following cases:- Table

(3.) THE learned Additional Public Prosecutor appearing for the respondents filed a detailed counter affidavit stating that the detenu is involved in many cases as mentioned above. THE learned Additional Public Prosecutor further submits that his detention from 12.01.2008 to 23.07.2008 is not illegal, in view of the fact that the detenu was taken custody from the Central Prison, Puzhal, Chennai on the basis of production of under trial prisoner warrant(commonly known as P.T. warrant)issued by the SDJM, Koraput and produced before the same Court on 18.01.2008 and from the above said date, the detenu was continued to be produced before the concerned Court till 23.07.2008 and subsequently brought back to Central Prison, Puzhal, Chennai.