L.Ramachandiran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM

The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2161 of 2014 L.Ramachandiran .... Petitioner Vs.

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, F-2, Egmore Police Station, Chennai.

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the second respondent to produce the body of the detenu/petitioner's son namely R.Raja aged about 38 years before this Court and set him at liberty.

For Petitioner : Mr.M.Guruprasad For Respondents: Mr.A.N.Thambidurai, Addl. 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 father of the detenu for a direction to the second respondent to produce the detenu R.Raja before this Court and set him at liberty.

2. It is the case of the petitioner that his son Raja went missing on 09.08.2014, in connection with which a case in Crime No.918 of 2014 has been registered on the file of F-2 Egmore Police Station on 11.08.2014 and investigation is in progress.

3. Learned Additional Public Prosecutor submits that an unidentified body that was floating in the Marina was fished out and the identification particulars tallied with that of the https://hcservices.ecourts.gov.in/hcservices/

particulars of the detenu. Therefore, the police had made arrangements to take DNA profiling of the petitioner and his wife, so as to see whether it matches with that of the body that has been fished out.

4. Taking into consideration the fact that investigation is in progress, we are of the view that it is not a fit case for issuing Habeas Corpus. Accordingly, this petition stands closed, however, with a direction to the respondent police to proceed with the investigation in Crime No.918 of 2014 and take all steps to secure the detenu, if he is alive. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl To

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, F-2, Egmore Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras. + 1 cc to M/s. M. Guruprasad, Advocate Sr.63039 H.C.P.No.2161 of 2014 MP(CO) EU 10.12.15 https://hcservices.ecourts.gov.in/hcservices/