N.Vijay v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P. No.240 of 2023 N.Vijay ... Petitioner -vs1.The State of Tamil Nadu, Rep. by the Superintendent of Police, Ranipet, Ranipet District.

2.The State of Tamil Nadu, Rep. by the Inspector of Police, Arcot Town Police Station, Arcot, Ranipet District.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's son, Ajay, 21 years before this Court and set him at liberty.

For Petitioner ..

Mr.N.Desinghu For Respondents ..

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

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[Order of the Court was made by M.NIRMAL KUMAR, J.] This Habeas Corpus Petition is filed by the petitioner to direct the second respondent to produce his son Ajay, aged 21 years before this Court and set him at liberty.

2.Today, the petitioner's son Ajay who was secured from Bangalore is produced before this Court.

3.Learned Additional Public Prosecutor submits that the petitioner's son Ajay is an accused in Crime No.6 of 2022 facing trial for the offence under Section 302 IPC and the sessions case in S.C.No.149 of 2022 is pending on the file of the Additional Sessions Court, Ranipet. He would further submit that Non-Bailable Warrant is pending against the said Ajay and he would be produced before the concerned Court. He further submits that sections in Crime No.419 of 2022 needs to be altered and the petitioner would be dealt accordingly.

4.The petitioner/father of the detenu is present before this Court today. 2/4

He was apprised of the development and he admits that his son is facing trial in S.C.No.149 of 2022. In view of the same, the Sub-Inpector of Police, Arcot Town Police Station who is present before this Court would take custody of the petitioner's son Ajay and produce him before the appropriate Court.

5.Recording the above, the Habeas Corpus Petition stands disposed of. There shall be no order as to costs.

(M.S,J.) (M.N.K.,J.) 23.02.2023 Index:Yes cse To 1.The Superintendent of Police, District Police Station, Ranipet Taluk & District, Pin Code - 632 401. 2.The Inspector of Police, Arcot Town Police Station, Arcot Town, Ranipet District. Pincode - 632 503. 3.The Public Prosecutor, High Court of Madras, Chennai - 104.

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M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse H.C.P.No.240 of 2023 23.02.2023 4/4