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Madras High CourtHCP/744/2017dismissed as infructuous

R.Manivannan v. The State Rep.By

2017-08-29Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.744 of 2017 R.Manivannan ... Petitioner Vs.

1. The State, rep.by The Inspector of Police, Selaiyur Police Station, Tambaram, Chennai.

2. T.Arun

3. T.Vijaya ... Respondents 3rd respondent is impleaded as per the order of this Court dated 04.08.2017 made in Crl.M.P.

No.9808 of 2017 in H.C.P.

No.744 of 2017 Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the first respondent to produce the body of the petitioner's sister namely Kannagavalli and her one year old male baby namely Barani, before this Court and set them at liberty. For Petitioner : Mr.F.Sabastin For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor for R1 Mr.P.Tamilavel for R2 Mr.M.Karal Marx for R3

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the first respondent to trace out and produce the detenue, by name, Kanagavalli and one year old child, by name Barani. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel appearing for the petitioner has contended to the effect that against the petitioner and others, a case has been registered in Crime No.123 of 2017, Irumbulikurichi Police Station and subsequently, the petitioner has been arrested on the basis of allegation made against him to the effect that he kidnapped the second detenue, by name, Barani. 3.The learned counsel appearing for the respondents 2 and 3 has also made identical representation. 4.Considering the fact that on the ground of alleged kidnapping of the second detenue, by name, Barani, the petitioner has been arrested and remanded to custody, this Court is of the view that the relief sought in the petition has become infructuous.

In fine, this habeas corpus petition is dismissed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar msk To

1. The Inspector of Police, Selaiyur Police Station, Tambaram, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Anusuya, Advocate, S.R.No.62547 +1cc to Mr.M.Karal Marx, Advocate, S.R.No.61919 H.C.P.No.744 of 2017 SV(CO) CA(13/09/2017) https://hcservices.ecourts.gov.in/hcservices/