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Madras High CourtHCP/1395/2016dismissed

S.Ramesh v. The State Rep By Its

2016-08-09Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.8.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1395/2016 Thiru.S.Ramesh .. Petitioner Vs The State Rep. by The Inspector of Police, Thellar Police Station, Thellar, Thiruvannamalai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondent police to produce the brother-in-law, P.Thangavelu, son of Parasuraman aged 40 years either in body or person before this Court and set him at liberty. For Petitioner :

Mr.Thanga Vadhanabalakrishnan For Respondent :

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

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the brother-in-law of one P.Thangavelu, aged 40 years. According to the petitioner, he has been found missing from 23.06.2016 onwards. In this regard, on a complaint made, a case has been registered in Cr.No.115/2016 on the file of Thellar Police Station. Since the detenu has not been secured, the petitioner has come up with this Habeas Corpus Petition.

2. Today, when the Habeas Corpus Petition came up for hearing, the learned Additional Public Prosecutor submitted that the detenu has cheated around 50 people to the tune of Rs. 10 lakhs and therefore, he has gone in hiding. The said statement is recorded.

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3. The learned counsel for the petitioner disputed the same.

4. Having regard to the above statement made by the learned Additional Public Prosecutor, since we find that there is no illegal detention, no direction as prayed for could be granted in this petition.

5. Accordingly, the Habeas Corpus Petition is dismissed, however with a direction to the respondent police to proceed with the investigation.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kua To

1. The Inspector of Police, Thellar Police Station, Thellar, Thiruvannamalai.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Thanga Vadhanabalakrishnan, Advocate SR.45181 H.C.P.No.1395/2016 EV(CO) Eu 09/09/2016 https://hcservices.ecourts.gov.in/hcservices/