Kirubaharan, Aged 22 Years v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice R. PONGIAPPAN H.C.P. No. 1187 of 2018 Kirubaharan ... Petitioner -vs1.The Superintendent of Police, Pothinayanapally, Jakkappan Nagar, 2.The Inspector of Police, HUDCO Police Station, 3.Neelamegam 4.Raja 5.Senthil 6.Gauramma ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body of K.Keerthivasan, aged about 47 years now, before this Court and set him at liberty. For Petitioner : Mr.S.Prasanna For Respondents :
Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 and R2
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents 1 and 2 to produce the body of K.Keerthivasan, aged about 47 years now, before this Court and set him at liberty, the present Habeas Corpus petition has been filed.
2. The petitioner is the son of the detenu. Pursuant to the case registered in Cr.No.229 of 2018 dated 11.05.2018 for man missing and the investigation made thus far, could not secure the detenu.
3. Placing reliance upon the status report, the learned Additional Public Prosecutor submitted that the detenu was addicted to alcohol. Despite the investigation made till now, he could not be secured. However, the investigation is on going and efforts are being made to secure him.
4. Admittedly, the detenu is stated to be missing for more than a year. The investigation is also going on.
5. In such view of the matter, we do not want to keep this petition pending any longer and the Habeas Corpus Petition stands closed with the direction to the investigating officer to proceed with the investigation. As and when the detenu is secured, he should be produced before the jurisdictional Magistrate.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Pothinayanapally, Jakkappan Nagar,
2.The Inspector of Police, HUDCO Police Station, 3.The Public Prosecutor, High Court, Madras.
H.C.P. No. 1187 of 2018 ad(co) nr 23/10/2019