Ganga Devi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.1121 of 2021 Ganga Devi ..Petitioner Vs.

1. The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai - 600 007.

2. State represented by The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 052.

..Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent herein to produce the petitioner's husband R.Chandran, son of Ramu, aged about 63 years, before this Court and set him at liberty.

For Petitioner : Mr.V.Ramanareddy For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent herein to produce the petitioner's

husband R.Chandran, son of Ramu, aged about 63 years, before this Court and set him at liberty.

2.

It is the case of the petitioner that her husband Chandran, son of Ramu, aged about 63 years, went missing from 04.05.2021 and that the police are not taking effective steps to secure him.

3.

On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by Radhakrishnan, son of the detenu, a case in Redhills Police Station Crime No.209 of 2021 was registered on 08.05.2021 for 'man missing' and during the course of investigation, it came to light that the alleged detenu has left several letters stating that he has gone on his own on account of his mental disturbance and requested his family members not to search for him. 4.

Be that as it may, this is not a case, where, the alleged detenu is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition stands closed with a direction to the Assistance Commissioner of Police, Puzhal Range, to monitor the investigation in Redhills Police Station Crime No.209 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he shall be produced before the Judicial Magistrate Court No.II, Ponneri, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.II, Ponneri.

2. The Assistant Commissioner of Police, Puzhal Range.

3. The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai - 600 007.

4. The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 052.

5. The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.1121 of 2021 GPL(CO) SU(25/08/2021)