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Madras High CourtHCP/1166/2016dismissed

R.Rajendran v. The Commissioner Of Police

2016-07-29Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1166 of 2016 R.Rajendran .... Petitioner Vs

1. The Commissioner of Police, O/o, Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2. The Inspector of Police, V-5-Thirumangalam Police Station, Chennai.

..... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 2nd respondent to produce the detenue Mr.Balaji s/o Rajendran, Male/aged about 29 years.

For Petitioner :

Mr.RKM.Suresh For Respondent :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by V.BHARATHIDASAN, J.) The petitioner is the father of one Balaji aged about 29 years. According to him, the detenu, Balaji is found missing from 11.05.2016. Hence, he has given a complaint to the second respondent police on 18.05.2016. Based on his complaint, the second respondent registered a case in Cr.No.303 of 2016 for ''man missing''. Since no steps have been taken by the https://hcservices.ecourts.gov.in/hcservices/

respondent police to trace the detenu, the petitioner has filed this Habeas Corpus Petition.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the detenu borrowed money from various persons and since he is not able to repay the amount, he is absconding and there is no illegal detention.

3. In view of the submissions made by the learned Additional Public Prosecutor, we are convinced that there is no illegal detention as the detenue himself is absconding.

4. Hence, the Habeas Corpus Petition is dismissed as there is no merit in the petition.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, O/o, Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2.The Inspector of Police, V-5-Thirumangalam Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.RKM.Suresh, Advocate Sr.43129 H.C.P.No.1166 of 2016 lrs[co] srg 29/08/2016 https://hcservices.ecourts.gov.in/hcservices/