K.Suresh Kumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Suresh Kumar S/o.Kothandan ..

Petitioner Vs.

1.

The Superintendent of Police Office of the Superintendent of Police Tiruvannamalai District.

2.

The State of TN Rep. by its Inspector of Police Arni Town Police Station Tiruvannamalai District.

..

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to produce the body or person of P.Kothandan, S/o.Parasuramani, aged about 66 years residing at No.50, P.A.K Street, Kosapalayam, Arani, Tiruvannamalai District and set him at liberty.

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For Petitioner :

Mr.R.Agilesh For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN., J.,] This habeas corpus petition has been filed seeking a direction directing the second respondent to produce the body of P.Kothandan, S/o.Parasuramani, aged about 66 years.

2. The petitioner is the son of the detenu, who lodged a complaint and on receipt of the same, the second respondent registered FIR in Crime No.10 of 2023 on 07.01.2023 under 'Man Missing'. While pending investigation in Crime No.10 of 2023, the second respondent received a information from the Sathyavedu Police Station, Andhra Pradesh that the detenu was murdered by three accused persons. On the information, the second respondent received the body of the deceased and handed over to the petitioner.

3. The learned Additional Public Prosecutor, on instructions, would Page Nos.2/4

submit that on further statement recorded from the petitioner, the second respondent altered the offence in Crime No.10 of 2023 into Sections 364(A), 147, 302, 201 read with 120(B) of IPC and proceeding further investigation.

4. Recording the submissions of learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as nothing survives for further adjudication. There shall be no order as to costs. (M.S.,J.) (G.K.I.,J.) 23.01.2023 Index : Yes / No Speaking / Non-speaking mk M.SUNDAR, J., and G.K.ILANTHIRAIYAN,, J., Page Nos.3/4

To 1.

The Superintendent of Police Office of the Superintendent of Police Tiruvannamalai District.

2.

The State of TN Rep. by its Inspector of Police Arni Town Police Station Tiruvannamalai District.

3.

The Public Prosecutor High Court, Madras.

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