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Madras High CourtHCP/422/2024allowed

R.Raju v. The Commissioner Of Police

2024-02-23Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Raju R

...Petitioner

Vs.

1.The State Rep. by The Commissioner of Police, Salem, Salem District.

2.The Inspector of Police, Sevvapet Police Station, Salem District.

3.The Inspector of Police, Kavindapadi Police Station, Erode District.

...Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to direct the respondent no.3 to produce petitioner's son namely Ranjithkumar, Male aged 27 years from the illegal custody of the respondent no.2 before this Court and set him at liberty.

For Petitioner : Mr.B.Mohan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The instant Habeas Corpus Petition is filed for a direction to the respondent no.3 to produce petitioner's son namely Ranjithkumar, aged 27 years from the illegal custody of the respondent no.2 before this Court and set him at liberty.

2. To the petitioner's claim that his son was taken by the respondent police on 17.02.2024, itself and he has thereafter not returned till date, the

learned Additional Public Prosecutor submitted that a criminal case in Crime No.24 of 2024 dated 02.02.2024 has been registered against the petitioner's son and thereafter, he was arrested on 22.02.2024 at 8.45 a.m. and remanded on 23.02.2024 at 6.00 a.m. As such, the custody of the petitioner's son cannot be deemed to be illegal. Accordingly, the prayer sought for in the present Habeas Corpus Petition does not deserve consideration and therefore, stands closed.

[M.S.R.,J.] [S.M.,J.] 23.02.2024 dk Index : Yes / No Copy to:

1.The Commissioner of Police, Salem, Salem District.

2.The Inspector of Police, Sevvapet Police Station, Salem District.

3.The Inspector of Police, Kavindapadi Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

dk 23.02.2024