K.Ganesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1344 of 2019 K.Ganesh ..

Petitioner Vs.

State represented by, The Inspector of Police, S-10, Pallikaranai Police Station, Chennai - 600 100.

..

Respondent Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the respondent Police to produce the body and person of the Petitioner's brother K.Suresh, aged about 38 years, before this Court and set him at liberty.

For Petitioner ..

Ms.S.Deepika For Respondent ..

Mr.C.Iyyapparaj, Additional Public Prosecutor.

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner is the brother of the detenu - K.Suresh, aged 38 years. This petition has been filed by him seeking a direction to the respondent for production of the detenu on the premise that he is not traceable.

2.

The learned Additional Public Prosecutor, on instructions, submitted that it is not the case of detention of the detenu by any third party. The investigation conducted so far would reveal that the detenu left on his own. The dispute revolves on the care take of the mother of the petitioner and the detenu.

3.

In view of the above, we are not inclined to keep this petition pending any longer. The respondent is directed to https://hcservices.ecourts.gov.in/hcservices/

proceed with the investigation and as and when the detenu is secured, he should be produced before the Jurisdictional Magistrate. With the above directions, the Habeas Corpus Petition stands closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar kmk/smv To

1. The Inspector of Police, S-10, Pallikaranai Police Station, Chennai - 600 100.

2.The Public Prosecutor High Court, Madras 104.

+1 CC to M/s.S. Deepika, Advocate sr 61530.

H.C.P.No. 1344 of 2019 RSI(CO SP(16/08/2019) https://hcservices.ecourts.gov.in/hcservices/