← Library
Madras High CourtHCP/382/2018closed

S.Palanisamy, Aged 55 Years, v. The Superintendent Of Police

2019-07-10Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.382 of 2018 S.Palanisamy ..

Petitioner Vs 1.The Superintendent of Police, Erode, Erode District.

2.The State rep. by the Inspector of Police, Modakkurichi Police Station, Erode District.

3.Amanullah ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents 1 to 3 to produce the body of the detenue namely Rani, Wife of Maiyilsamy, aged about 42 years and set her at liberty before this Court.

For Petitioner ..

Mr.M.Guruprasad For Respondents ..

Mr.C.Iyyappa Raj, Addl. Public Prosecutor for R1 & R2 No appearance for R3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents to produce the body of the detenue namely Rani, Wife of Maiyilsamy, aged about 42 years and set her at liberty, the present habeas corpus petition has been filed.

2.The petitioner is the relative of the detenue. The detenue is stated to be a mentally imbalanced person. She was put under the custody of the third respondent, from which, she is missing. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor would submit that it is the second time the detenue has left the third respondent

under whose custody she was put in. It is a fact that the detenue was suffering from mental illness. The efforts are on to trace the detenu.

4.Thus, we do not find any illegal detention involved in this case. However, we direct the respondents 1 and 2 to proceed with the investigation. As and when, the detenue is secured, they should be produced before the concerned jurisdictional Magistrate.

5. In view of the above, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Erode, Erode District.

2.The State rep. by the Inspector of Police, Modakkurichi Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.382 of 2018 NMI(CO) AKM/14.08.19/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/