Ramya v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN H.C.P.No.453 of 2021 Ramya Petitioner Vs.

The Commissioner of Police Greater Chennai E.V.K. Sampath Road Vepery Chennai 600 007 The Inspector of P olice M-1, Madhavaram Police Station Chennai Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the second respondent to produce the body of the petitioner's husband/detenu Suresh Kumar,S/o. T.S.Raju, aged about 29 years before this Court and set him at liberty.

For petitioner Mr.P.Parthipan For respondents Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the second respondent to produce the body of the petitioner's husband/detenu viz. Suresh Kumar, S/o.T.S.Raju, aged about 29 years before this Court and set him at liberty.

2. Today, when this matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the petitioner's husband was secured today (27.04.2021) in Madhavaram P.S.Crime No.38 of 2021 for "man missing" and during enquiry, he stated that he is not willing to join the https://hcservices.ecourts.gov.in/hcservices/

petitioner; hence, after recording the statement of the petitioner and the detenu, the police have closed the case. Since the petitioner's husband is not in the illegal custody of anyone, no writ of habeas corpus can be issued and accordingly, this petition stands closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To The Commissioner of Police Greater Chennai E.V.K. Sampath Road Vepery Chennai 600 007 The Inspector of P olice M-1, Madhavaram Police Station Chennai The Public Prosecutor High Court, Madras H.C.P.No.453 of 2021 EV(CO) A.SK(09.07.2021) https://hcservices.ecourts.gov.in/hcservices/