P.Sathya v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 413 of 2020 P.Sathya .. Petitioner Vs.
1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 07.
2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 16.
3.The Joint Commissioner of Police, Police Commissioner Office Road, St.Thomas Mount, Chennai - 16.
4.The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 88.
5.N.Durairaj 6.D.Rukumani .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the fourth respondent to produce the detenu one Prasanth, son of Durairaj, bodily before this Court and restore the legal custody of the detenu one Prasanth, son of Durairaj, and set him at liberty.
For Petitioner ..
Mr.P.Rajavel For Respondents ..
Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 to R4 Mr.T.Ramachandran for detenu
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the fourth respondent to produce the detenu - Prasanth, son of Durairaj, before this Court and to set him at liberty, the present habeas corpus petition has been filed.
2. It is the case of the petitioner that her husband Prasanth went missing on 09.12.2018 and that the police have not taken any effective steps to secure him.
3. Today, Mr.P.Nirmal, Sub-Inspector of Police, S-8, Adambakkam Police Station, Chennai, is present.
4. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by Rukmani, mother of Prasanth, a case in Adambakkam P.S. Crime No. 798 of 2019 for 'man missing' has been registered. While so, Mr.T.Ramachandran, learned counsel produced Prasanth before this Court .
5. On enquiry, Prasanth informed that on account of misunderstanding, he left the company of his wife and at present, he is residing at Karunanithi Street, 8th Cross Road, Anakaputtur, Chennai - 70.
6. The police is directed to produce the detenu/Prasanth before the Judicial Magistrate, Alandur, under intimation to his mother.
7. In view of the above, the habeas corpus petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm To 1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 07.
2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 16.
3.The Joint Commissioner of Police, Police Commissioner Office Road, St.Thomas Mount, Chennai - 16.
4.The Inspector of Police, S-8, Adambakkam Police Station, Adambakkam, Chennai - 88.
5.The Judicial Magistrate, Alandur.
6.The Public Prosecutor, High Court, Madras.
H.C.P. No.413 of 2020 BR(CO) GN(16/02/2021)