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Madras High CourtHCP/1275/2017dismissed

R. Srinivasan, 38 Yrs, v. The Commissioner Of Police,

2017-08-23Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1275 of 2017 R.Srinivasan ... Petitioner vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007 2.The Inspector of police, S-9, Pazhavanthangal Police Station, Chennai.

(Cr.No.291/14) 3.Mrs.Meena .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the first and second respondents to produce the person or body of the petitioner's wife Mrs.Akila @ Lakshmi, now aged about 33 years, and their two sons 1.S.Ilavarasan, now aged about 11 years and 2.S.Prem, now aged about 9 years, before this Court and set them at liberty.

For Petitioner : Mr.G.Pavendhan For Respondents :Mr.V.M.R.Rajentren,Addl.P.P.

for R1 and R2 No appearance for R3

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondents 1 and 2 to trace out and produce the detenu, by name, (i) Akila @ Lakshmi, aged 33 years, (ii) S.Ilavarasanm, aged 11 years and (iii)S.Prem, aged 9 years, who are the wife and minor sons of the petitioner.

2.The petitioner is present and he has been identified by his counsel.

https://hcservices.ecourts.gov.in/hcservices/ 3.The second respondent, viz., the Inspector of Police,

S-9, Pazhavanthangal Police Station, Chennai, has produced all the detenu and the petitioner has identified them. 4.Considering the aforesaid factual circumstances, the relief sought in the petition has become infructuous. However, the petitioner can be given visitation right as stated infra: In fine, this petition is dismissed.

The petitioner is at liberty to see the minor detenu as and when he likes. The first detenu, viz., the wife of the petitioner, should not raise any objection.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msk To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007 2.The Inspector of police, S-9, Pazhavanthangal Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Pavendhan, Advocate, S.R.No.60513 H.C.P.No.1275 of 2017 GJ(CO) GN(06/09/2017) https://hcservices.ecourts.gov.in/hcservices/