R.Nallathambi, M/A 58 Yrs, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.411/2018 R.Nallathambi ..
Petitioner vs.
State rep.by 1.The Superintendent of Police O/o.The District Superintendent of Police Namakkal.
2.The Inspector of Police Kumarapalayam Police Station Kumarapalayam, Namakkal District.
3.The Inspector of Police Tiruchengode Rural Police Station, Tiruchengode, Namakkal District.
4.Dr.N.Senthil Kumar 5.Dr.J.K.K.Muniraja .. Respondents **RR4&5 impleaded as per the orders of this Court dated 16.03.2018 made in HCP No.411/2018 Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu namely M.Tamilselvan, son of R.Nallathambi, aged about 19 years or his body before this Court and set him at liberty.
For Petitioner : Mr.T.Muthukrishnan For RR1 to 3 : Ms.M.Prabhavathi, APP For RR4 7 5 : Mr.S.Viswanathan for M/s.Das & Viswa Associates
ORDER
(Order of the Court was made by C.T.SELVAM, J.) Petitioner, father of the detenu Tamilselvan, aged 19 years, has moved this petition seeking to cause production of his son before this Court by respondents 1 to 3 and to set him at liberty.
Pursuant to directions of this Court under order dated 16.03.2018, respondents 4 and 5 are present.
Our interaction with Dr.N.Senthilkumar, Principal, JKKM Pharmacy College, Kumarapalayam, Namakkal District, reveal that the College Management takes adequate measures and safeguards against the scourge of ragging. He informed us that the entire College campus is under CCTV coverage and as per Rules, a Committee is functioning and regular interactions are made towards avoidance of ragging and thus far none, including the petitioner have preferred any complaint.
The submission of 4th respondent - Principal would render false the submission of the petitioner that he had gone along with his son, detenu herein and made a complaint with the Management of the College regards ragging suffered by his son. We have, under order 16.03.2018 required both petitioner as also the detenu to be present. Both are not present today and learned counsel for petitioner submits that the detenu has, owing to differences in the family, left home again and his whereabouts are not known. Learned counsel explains that petitioner is unable to be present, owing to poverty and that he seeks permission of this Court to withdraw the present petition.
Given the developments, this Court would not permit withdrawal. However, in the facts and circumstances, we pass an order that the Habeas Corpus Petition shall stand closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ap
To 1.The Superintendent of Police O/o.The District Superintendent of Police Namakkal.
2.The Inspector of Police Kumarapalayam Police Station Kumarapalayam, Namakkal District.
3.The Inspector of Police Tiruchengode Rural Police Station, Tiruchengode, Namakkal District.
4.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.Dass Law Associates sr 23399 '
+1 cc to Mr.T.Muthukrishnan Advocate sr 23396 H.C.P.No.411/2018 kk(co) aa26/04/2018