Murugesan, 65 Years v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2181 of 2017 Murugesan ... Petitioner Vs.
1. State rep by:
The Superintendent of Police, Salem District Salem 2.The Inspector of Police, Crime Branch, Office of Superintendent of Police.
Salem District
3. The Inspector of Police, Kollathur Police Station, Salem District
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the first respondent to produce the petitioner's son Ragu @ Mettur Ragu, S/o Murugesan, aged about 37 years from the illegal custody of the 2nd and 3rd respondents before this Court and set him at liberty forthwith.
For Petitioner : Mr.Sankar Subbu For respondents : Mr.V.M.R.Rajentran Addl. Public Prosecutor
O R D E R
(Order of the Court was made by RAJIV SHAKDHER,J .,)
1. The petitioner is the father of the detenu i.e., Ragu @ Mettur Ragu.
2. Mr.Rajan, Superintendent of Police, Salem District is in Court, as directed, vide order dated 17.11.2017. Mr.Rajan has placed an affidavit, which is indicative of the fact that the petitioner's son Ragu @ Mettur Ragu was arrested on 18.11.2017 and a case (Cr.No.636 of 2017) was registered qua him offences punishable under Secs.341, 392 and 397 IPC. The affidavit further reveals that, presently, the detenu is lodged in Central Prison, Salem. 3.Mr.Sankar Subbu, learned counsel appearing for the petitioner reiterated, as on the previous date, that the detenu Ragu @ Mettur Ragu was picked up on 13.11.2017 and what is stated in the affidavit is not factually correct.
4. Be that as it may. According to us, it is not in dispute that the detenu Ragu @ Mettur Ragu is presently in judicial custody and therefore, no
further orders need be passed in the present petition. 5.
Needless to say, the petitioner will be free to take recourse to an appropriate remedy provided he is able to make out a case of illegal detention between 13.11.2017 and 18.11.2017. 6.
Accordingly, the petition is closed.
(R.S.A., J.) (N.S.K., J.) 20.11.2017 Index : yes/no sr To
1. The Superintendent of Police, Salem District Salem 2.The Inspector of Police, Crime Branch, Office of Superintendent of Police.
Salem District
3. The Inspector of Police, Kollathur Police Station, Salem District
4. The Public Prosecutor, High Court, Madras
RAJIV SHAKDHER, J.
and N.SATHISH KUMAR, J.
sr HCP No.2181 of 2017 20-11-2017