Kandasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015 CORAM :

THE HON'BLE MR. JUSTICE R.SUDHAKAR AND THE HON'BLE MR. JUSTICE P.N. PRAKASH H.C.P. No.3244 of 2014 Kandasamy ... Petitioner Vs.

1.The Superintendent of Police Krishnagiri District Krishnagiri.

2.The Inspector of Police Samalapatti Krishnagiri District.

3.Ramesh 4.Sandhya 5.Soniya 6.Gopi ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu namely Kumar S/o Kandasamy aged about 28 years, resident of Kerikaipalli, Samlpatti Post, Uthankarai Taluk, Krishnagiri District before this Court and set him at liberty. For petitioner :

No appearance For R1 and R2 :

Mr.A.N.Thambidurai Additional Public Prosecutor For R3 to R6 :

Mr.E.Kannadasan

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This petition has been filed seeking a direction to the respondents 1 and 2 to produce the person or body of the detenu, namely Kumar, S/o Kandasamy, aged about 28 years, resident of Kerikaipalli, Samlpatti Post, Uthankarai Taluk, Krishnagiri District before this Court and set him at liberty.

2. No representation for the petitioner. Heard the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petition has been pending since 2014. It is the case of the petitioner that, his son who is married to the fifth respondent, went missing and thereafter, a case in Cr.No.154 of 2014 for "Man missing" has been registered by the respondent police on 12.08.2014 and investigation is under progress. The respondent police have filed a Status Report detailing the steps taken by them for securing the missing person. In paragraph no.9 of the Status Report, it is stated as follows:

"9. I submit that the investigation reveals that quite often the detenue quarreled with his wife and left his home and after few days he returned to home. Like wise, on one occasion, during the year 2013, the detenue-Kumar himself went away and returned home during 6th respondent marriage and did not give proper reply.

The respondent police is still taking sincere and effective steps continuously in order to trace out the missing man-Kumar."

In view of the above, this petition is closed with a direction to the respondent police to proceed with the investigation in Cr.No.154 of 2014 and keep the petitioner informed about the whereabouts of the detenu, if any, received. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

gms To 1.

The Superintendent of Police Krishnagiri District Krishnagiri.

2.

The Inspector of Police Samalapatti Krishnagiri District.

3.

The Public Prosecutor High Court of Madras Chennai.

H.C.P.No.3244 of 2014 RSK(CO) CA(09/12/2015)