M. CHOCKALINGAM, J. - (1.) THIS writ for issuance of Habeas Corpus was filed by the petitioner, one Vasanthi, for production of her husband, Sridharan before this Court.
(2.) AFFIDAVIT filed in support of the application is perused. The Court heard the learned counsel for the petitioner and also for the respondent/State. When the matter is taken up for enquiry, the learned counsel for the State would submit that, earlier the petitioner herein has filed a Habeas Corpus Petition in H.C.P.No.1012 of 2009 on the same allegations made herein, which came to be disposed of by the Division Bench of this Court on 28.7.2009. From the submissions made, it is quite clear that two cases are pending against the husband of the petitioner, one in Crime No,244/2004 for offence under section 307 IPC and the other in Crime No,217/2005 for the offence under sections 457 and 380 IPC and in both the cases, non-bailable warrant has been issued by the competent Court and they are yet to be executed. On earlier occasion, the Bench of this Court was of the opinion that no orders could be passed and a direction was given to the respondents to secure the detenu and produce him before the concerned Court. On the same ground, the instant application has been brought forth.
(3.) UNDER such circumstances, this Court is of the opinion that it would be fit and proper to give a direction to the respondents to secure the detenu in execution of the non-bailable warrant and produce him before the competent Court and the law would also warrant so, accordingly, a direction is issued. With the above direction, the Habeas corpus Petition is disposed of.;