Venkatachalam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No. 68 of 2022 Venkatachalam ... Petitioner Vs.

1.The Superintendent of Police, Office of the District Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents herein to produce the body and persons of the detenu by name Sivaraman son of Amirthalingam aged about 27 years before this Hon'ble Court and set him at liberty to the petitioner.

For petitioner : Mr.Krishnasamy Chinnsamy For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed to direct the respondents herein to produce the body and persons of the detenu by name Sivaraman, son of Amirthalingam, aged about 27 years, before this Court and set him at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is the case of the petitioner that his brother Sivaraman, aged 27 years, went missing from 01.01.2022 and that the police are not taking effective steps to secure him.

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4. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Virudhachalam Police Station Crime No.7 of 2022 has been registered for 'man missing' and the enquiries conducted, so far, revealed that the petitioner's brother has eloped with one Vinodha, who is the wife of the petitioner's cousin.

5. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Assistant Superintendent of Police, Virudhachalam, to supervise the investigation in Virudhachalam Police Station Crime No.7 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu viz., Sivaraman is secured, he shall be produced before the Judicial Magistrate - II, Virudhachalam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenu. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mtl To

1. The Judicial Magistrate-II, Virudhachalam.

2. The Assistant Superintendent of Police, Virudhachalam.

3. The Superintendent of Police, Office of the District Superintendent of Police, Cuddalore District.

4. The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.68 of 2022 PL(CO) CT 10/02/2022 https://hcservices.ecourts.gov.in/hcservices/