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Madras High CourtHCP/1323/2019disposed of

Prakash v. The Inspector Of Police

2019-09-17Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN HABEAS CORPUS PETITION NO.1323 OF 2019 Prakash ... Petitioner vs.

1. The Inspector of Police, Udumalpet Police Station, Tiruppur District.

2.

The Commissioner of Police, Coimbatore.

... Respondents (R2 impleaded as per order dated 30.07.2019 made in Crl.M.P.No.10330 of 2019 in H.C.P.No.1323 of 2019) Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the Respondent to secure the body of the detenue viz. Vijayapriya, aged 32 years, W/o.Rathinasamy and produce her before this Court and set her at liberty.

For Petitioner : Mr.D.R.Arun Kumar For Respondents : Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] The petitioner is the brother of the detenue viz. Vijayapriya. He has come up with this Petition on the ground that the detenue is yet to be secured after registration of the case.

2.

Pursuant to the direction of this Court, Status Report has been filed, which indicates the nature of investigation that is being done. The investigation is still going on and it https://hcservices.ecourts.gov.in/hcservices/

appears that the detenue has been witnessed along with a third party.

3.

Learned Additional Public Prosecutor submitted that prima facie, it appears to be a case of elopement. 4.

In view of the above, as investigation is going on in the right direction, we direct the 1st Respondent herein to continue the investigation and make all endeavours to secure the presence of the detenu and as and when the detenu is found, he shall be produced before the jurisdictional Magistrate.

5. In the result, the Habeas Corpus Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar (aeb) To:

1. The Inspector of Police, Udumalpet Police Station, Tiruppur District.

2.

The Commissioner of Police, Coimbatore.

3.

The Public Prosecutor, High Court, Chennai.

+1cc to Mr.D.R.Arun Kumar, Advocate, S.R.No.80555 H.C.P.No.1323 of 2019 SVI(CO) CS/30/10/2019 https://hcservices.ecourts.gov.in/hcservices/