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Madras High CourtHCP/670/2018closed

J.Ramesh, Age 48 Years, v. The Superintendent Of Police,

2018-10-29Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.670 of 2018 J.Ramesh S/o.Jayapal ...

Petitioner vs.

1.The Superintendent of Police, Ariyalur, Ariyalur District.

2.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

3.The Inspector of Police, Ariyalur Police Station, Ariyalur.

4.Chandrasekar Warden Sports Development Authority of Tamil Nadu, Senthurai Road, Opp.Lakshmi Theatre, Ariyalur - 621 704.

...

Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India seeking a direction to respondents 1 to 3 to produce the body of detenu/petitioner's son, namely, Marudhupandian, aged about 15 years, who is illegally detained by fourth respondent and produce the detenu before this Court and entrust him to petitioner's custody.

For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor [R1 to R3] Mr.G.Ranganathan [R4] *****

O R D E R

[Order of the Court was made by C.T.SELVAM, J] Petitioner has filed this petition seeking a direction to respondents 1 to 3 to produce the detenu/petitioner's son, namely, Marudhupandian, aged about 15 years, who is illegally detained by fourth respondent and produce the detenu before this Court and entrust him to petitioner's custody.

2. When the matter came up on 04.10.2018, this Court has passed the following order:

'Fourth respondent is present before this Court. He informs that immediately on the petitioner's son having gone missing, the search has been made and the petitioner was informed. The local police also were informed. He, however, unable to assert that a written police complaint was given, whereas, on the complaint of the petitioner, case in Crime No.79 of 2018 on the file of Ariyalur Police station stands registered. Fourth respondent is informed the District Sports Officer, Perambalur was holding Additional charge of Ariyalur, viz., Ramasubramaniaraja.

2. Stalin Kennady, who is present before this Court, informs as against the representation of the detenu boy

before us that he was under the employee of Stalin Kennady, who in turn had sent with another to Bangalore. Stalin Kennady, Proprietor of Annai Taste Food, No.1, Nehru Park Housing Board Subway, Poonamallee, informs that he had not employed the boy, but only given food and shelter treating as one amongst them. He informs that he had also taken the boy along with them on a family tour to Punjab. However, the boy had suddenly gone missing on the afternoon of a fine day in June 2018.

Post the matter on 29.10.2018. The District Sports Officer, Perambalur shall be present before this Court.'

3. Mr.M.Ramasubramania Raja, District Sports and Youth Welfare Officer, SDAT, Perambalur District, is present before this Court and submitted his explanation. We are satisfied therewith. The Habeas Corpus Petition shall stand closed. [C.T.S., J] [M.N.K., J] 29.10.2018 Index:yes/no, Internet:yes gm

To 1.The Superintendent of Police, Ariyalur, Ariyalur District.

2.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

3.The Inspector of Police, Ariyalur Police Station, Ariyalur.

4.The Public Prosecutor, High Court, Madras.

C.T.SELVAM, J AND M.NIRMAL KUMAR , J gm H.C.P.No.670 of 2018 29.10.2018