Madras High CourtHCP/2683/2015closed

Kanagavalli v. The Director General Of Police

2016-01-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar3 pages

In the High Court of Judicature at Madras Dated: 25.01.2016 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2683 of 2015 Kanagavalli .... Petitioner / Detenue Vs.

1. The Director General of Police, Tamil Nadu Police Head Quarters, Kamarajar Salai, Chennai - 600 004.

2. The Director General of Police, Lakdikapul Police Head Quarters, Hyderabad - 500 004, Andhra Pradesh.

3. The Director General of Police, No.2, Police Head Quarters, Nirupathunga Road, Bangalore - 560 001 Karnataka

4. The Superintendent of Police, Cuddalore District, Cuddalore.

5. The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing respondents 1 to 5 to produce the body of Suresh, aged about 26 years, S/o Panneerselvam before this Court and set him at liberty. For Petitioner : Ms.Greetha Senthil kumar For Respondents : Mr.A.N.Thambidurai Additional Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the mother of the detenu, Suresh, seeking direction to the respondents to produce the detenu, before this Court and set him at liberty.

2. It is the case of the petitioner that the police wanted to apprehend her brother Murugan @ Balamurugan in connection with certain cases registered against him in Telengana, Andhapradesh and Karnataka. It is the further case of the petitioner that on 04.09.2015, the fifth respondent police along with Karnataka and Andhra Pradesh State Police officials came to the residence of the petitioner for enquiring about her brother Murugan @ Balamurugan and even though when the petitioner informed them that she did not know the whereabouts of her brother, they had taken away her son, Suresh. Since there was no response from the fifth respondent, the petitioner has given a complaint on 05.10.2015 to various officials. As the respondent - police did not take any effective steps, she has filed the present Habeas Corpus Petition.

3. The fifth respondent - police have filed a status report denying the averments made in the affidavit stating that he did not accompany the higher officials of other States to visit the residence of the petitioner and the allegation made by the petitioner is false. He further states that they have not taken away the detenu Suresh, son of the petitioner and it is a case of man missing, for which, the petitioner has to file a complaint before the jurisdiction Police Station in Tiruvarur.

4. In view of the above, we find that there is no prima facie material to hold that it is a case of illegal detention by the fifth respondent. Accordingly, this Habeas Corpus Petition stands closed giving liberty to the petitioner to file a complaint before the jurisdiction Police Station in Thiruvarur, if the detenu is still missing.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sl