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Madras High CourtHCP/1865/2016dismissed

V.N.Mani v. The Deputy Commissioner Of

2017-03-15Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.03.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P No.1865 of 2016 V.N.Mani .. Petitioner/Father of the detenue Vs 1.The Superintendent of Police, District Police Head Quarters, Ramnager, Gandhipuram, 2.The Inspector of Police, Periyanaickenpalayam Police Station, 3.The Principal , United Institute of Technology, Periyanaickenpalayam, Coimbatore.

4.The Warden, College Hostel, United Institute of Technology, Periyanaickenpalayam, Coimbatore.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's son namely M.Vijayavarshan aged 18 years before this Court and set him at liberty.

For Petitioner :Mr.V.Rajesh For RR1 & 2 :Mr.V.M.R.Rajentren, Additional Public Prosecutor For RR3 & 4 :Mr.A.Thiyagarajan.

ORDER

(Order of the Court was made by V.BHARATHIDASAN,J.,) The petitioner is the father of one M.Vijayavarshan who was studying Engineering course at United Institute of Technology, Periyanaickenpalayam, Coimbatore and he was also staying in the hostel. On 10.08.2016, the petitioner was informed that his son was found missing in the hostel from 09.08.2016 night onwards. Hence, he rushed to the hostel and enquired the hostel as well as college authorities and then, he filed the present complaint before the second respondent, stating that his son was found missing. On the basis of the said complaint, a case in Crime No.359/2016 was registered. Since, no steps have been taken by the respondent police, the petitioner has come up with present Habeas Corpus Petition.

2.The second respondent filed a status report stating that the Police have enquired the hostel warden and other co students and they have stated that since, the detenu failed in eight subjects and the same was known to his parents, he was under the great mental agony and thereafter only, he was found missing. From the status report, this is not a case of illegal detention. 3.In such view of the matter, the Habeas Corpus Petition is closed however with a direction to the second respondent to continue the investigation expeditiously.

sd/ Assistant Registrar //True Copy// Sub Assistant Registrar jbm To 1The Superintendent of Police, District Police Head Quarters, Ramnager, Gandhipuram,

2.The Inspector of Police, Periyanaickenpalayam Police Station, 3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.Thiyagarajan, Advocate SR.No.16192 H.C.P.No.1865 of 2017 RSI(CO) GN(04/04/2017)