Chinnavellai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-04-2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR. JUSTICE S.NAGAMUTHU H.C.P.No.849 of 2016 Chinnavellai ... Petitioner vs 1.The Superintendent of Police Salem and District.

2.State by Inspector of Police Yercaud Police Station Yercaud Salem District.

3.Annamalai 4.Dharmalingam ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's husband, namely, Kariamalai, aged about 45 years, before this Court and to set him at liberty. For Petitioner :

Mr.B.Kumarasamy For Respondents :

Mr.M.Maharaja Addl. Public Prosecutor for R.1 and R.2

O R D E R

(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed, by the wife of the detenu, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce her husband, namely, Kariamalai, aged about 45 years, before this Court, and to set him at liberty. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner has stated that her husband, namely, Kariamalai, had been working as coolie in a saw mill. While so, he had gone missing, on 03.04.2016. Therefore, the petitioner had given a complaint, before the 2nd respondent police, on 04.04.2016, through registered post, with acknowledgment due. Since, no effective steps have been taken by the 2nd respondent police, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3. Mr.M.Maharaja, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, had submitted, on instructions, that all necessary steps would be taken to trace the detenu, namely, Kariamalai, based on the complaint lodged by the petitioner, on 04.04.2016, and to follow up the matter, in accordance with law.

4. In view of the said submissions made by the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, we are of the view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the present Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar paa To 1.The Superintendent of Police Salem and District.

2.The Inspector of Police Yercaud Police Station Yercaud Salem District.

3.The Public Prosecutor High Court, Madras.

1 cc to M/s.B.Kumaresan, Advocate, sr.25710 H.C.P.No.849/2016 ak co kra 30.05.2016 https://hcservices.ecourts.gov.in/hcservices/