S GUNASEELAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed by an accused in C. C. No. 1 of 1995 on the file of the Designated Court No. III, Madras, who has been released on bail on 23. 6. 1995.

(2.) WHEN the matter came up for admission before us, we felt doubt about the maintainability of the habeas corpus petition, hence, we directed the office to post the matter hear regarding maintainability and heard shri P. Rathinam, Learned Advocate on behalf of the petitioner and Shri I. Subramaniam, Learned Additional Public Prosecutor on behalf of the respondents on 3. 7. 95.

(3.) THE third decision which has been brought to our notice to hold that the present petition for habeas corpus is maintainable is r. Parvathi v. State of Tamil Nadu rep. by the Secretary to Government. Home department and others (I. L. R. (1994) 3 Madras 813 ). In the said case, the petitioner filed a writ petition for the issuance of a habeas corpus writ petition for the production of the body of her husband for a compensation as a consequences of the alleged detention, injuries and disappearance of the petitioner's husband at the hands of the respondent and others. Hence, this decision will have no bearing on the maintainability of the habeas corpus petition.