M.Kishore Kumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.No.1983 of 2020 M.Kishore Kumar .. Petitioner Vs.

1.The Commissioner of Police, .. Respondents Thuraipakkam, Chennai - 97.

2.The Inspector of Police, J9, Thuraipakkam Police Station, Thuraipakkam Chennai - 97.

3.The Managing Director, Bhavan Cyber Tech, Thuraipakkam, Chennai - 97.

4.The Financial Software and System (P) Ltd(FSS) G4, 1st Cross Street, Sipcot IT Park, Rajiv Gandhi Salai(OMR), Siruseri, Navalur, Chennai - 603 103.

Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing respondents 1 and 2 to produce the petitioner's brother Satishkumar, S/o.Murugan, aged 26 years, before this Court, from the illegal custody of the third respondent and to set him at liberty. For Petitioner : Mr.S.N.Arunkumar For Respondents :

Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, who is the brother of the detenu, has once again knocked the doors of this Court not satisfied with the investigation done so far pursuant to the order passed by this Court in H.C.P.No.869 of 2020 dated 26.06.2020. 2.Learned counsel appearing for the petitioner submitted that the petitioner has specifically named one Mansur Sirrai. He has not been examined. Though the complaint has been given as early as 21.12.2019 in Cr.No. 599 of 2019, no efforts has been made either to trace the detenu or to find out his whereabouts. 3.Learned Additional Public Prosecutor appearing for respondents 1 and 2 placing reliance upon the status report filed by the second respondent submitted that the officials of the fourth respondent/Company are examined.

The allegations has got no basis and the efforts are still on to secure the detenu. 4.Considering the submissions made, we direct the Assistant Commissioner of Police, Adayar to monitor and supervise the investigation. As the petitioner has made specific allegations against one Mansur Sirrai, who was stated to be working with the fourth respondent Company at the relevant point of time, investigation shall also extended to the said person by examining him.

5.Thus, the habeas corpus petitions stands disposed of with the direction to the Assistant Commissioner of Police, Adayar to monitor and supervise the investigation.

-Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar ssm To 1.The Commissioner of Police, Thuraipakkam, Chennai - 97.

2.The Assistant Commissioner of Police, Adayar,Chennai.

3.The Inspector of Police, J9, Thuraipakkam Police Station, Thuraipakkam Chennai - 97.

4.The Public Prosecutor, High Court, Madras.

+1 C.C. to MR.N.ARUNKUMAR SR.NO.38741 H.C.P. No. 1983 of 2020 UM (CO) UM (15.12.2020)