V.Sri Hari v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.1400 of 2019 V.Sri Hari ..

Petitioner Vs.

State rep. by The Sub-Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District. ..

Respondent Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the respondent to produce petitioner's father viz. Venkatesan aged 69 years, S/o.Govindasamy Naidu before this Court and set him at liberty.

For Petitioner ..

Mr.A.Raghuraman For Respondent ..

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner, who is the son of the detenu - Mr.Venkatesan, aged 69 years, seeks custody of his father, who is reportedly missing.

2. Heard both sides.

3. The learned Additional Public Prosecutor would submit that there was a difference of opinion between the father and son. The detenu, who is the father of the petitioner has borrowed money from several third parties and thereafter, he could not repay the same. In order to avoid the pressure from the third parties who lent money to the detenu, he has left for unknown place.

https://hcservices.ecourts.gov.in/hcservices/

4. In such view of the matter, we are not inclined to keep this petition pending any longer. This Habeas Corpus Petition is accordingly dismissed. However, the investigation of the case in Crime No.410 of 2018 shall go on and as an when the detenu is secured and he should be produced before the jurisdictional Magistrate.

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

1. The Sub-Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

2. The Public Prosecutor, High Court of Madras, Madras.

+1 cc to Mr.A.Raghuraman, Advocate, S.R.No.68257 H.C.P.No.1400 of 2019 SPD(CO) SSM(09/09/2019) https://hcservices.ecourts.gov.in/hcservices/