Madras High CourtHCP/2821/2015dismissed

V.Venkatesan v. The Inspector Of Police

2015-11-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 02.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P. NO. 2821 OF 2015 V.Venkatesan .. Appellant - Vs - The Inspector of Police Central Crime Branch Chennai Commissioner Office Vepery, Chennai 600 007.

.. Respondent Petition filed for the issuance of a writ of habeas corpus directing the respondent to produce the body of the person of the detenu, Sivadas @ Kovan, aged 52 years before this Court. For Petitioner : Mr. V.Porkodi For Respondent : Mr. A.N.Thambidurai, Additional Public Prosecutor

ORDER

(DELIVERED BY R.SUDHAKAR, J.) This petition has been filed by the friend of the detenu, viz., Sivadas, alleging that the detenu has been illegally detained by the respondent police and prays for the production of the detenu before this Court and set him at liberty.

2. Today when the matter is taken up, learned Addl. Public Prosecutor produced before the Court the copy of the first information report and submitted that a case has been registered in Crime No.439/2015 dated 28.10.2015 under Sections 124-A, 153, 505 (1) (b) & (c) of IPC and the detenu/accused has been remanded to judicial custody by the Chief Metropolitan Magistrate, Egmore. https://hcservices.ecourts.gov.in/hcservices/

3. In the above circumstances, as is evident from the records, the respondent has proceeded as per law after registering the FIR. In view of the above, it could not be stated that the detenu is in illegal custody. Hence, the habeas corpus petition is liable to be dismissed. Accordingly, this petition fails and the same is dismissed. It is, however, open to the detenu to work out his remedy as per law, if there is any other grievance.

GLN Sd/- Assistant Registrar (C.C.C.) /True Copy/ Sub-Assistant Registrar To

1. The Public Prosecutor High Court, Madras.

2. The Inspector of Police Central Crime Branch Chennai Commissioner Office Vepery, Chennai 600 007.

H.C.P.NO.2821 OF 2015 RSK(CO) sd : 17/11/2015 https://hcservices.ecourts.gov.in/hcservices/