M.Kandasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.NAGAMUTHU H.C.P.No.197 of 2016 M.Kandasamy .. Petitioner.

Versus

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Siva Kanchee Police Station, Kancheepuram, Kancheepuram District .. Respondents.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Habeas Corpus, to produce the body and person of the petitioner's son K.Dinesh Kumar, aged about 24 years, before this Court and set him at liberty. For Petitioner : Mr.K.A.Mariappan For Respondents : Mr.V.M.R.Rajendran Additional Public Prosecutor

ORDER

(Order of the Court was made by M.JAICHANDREN,J) Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of respondents.

2. This Habeas Corpus Petition has been filed by the petitioner, who is the father of the detenu, namely, K.Dinesh Kumar, aged about 24 years. He had filed the Habeas Corpus Petition praying that this court may be pleased to direct the respondents to produce his son K.Dinesh Kumar before this Court and set him at liberty.

3. The petitioner has stated that the 2nd respondent Police had come to his house along with a team of police officers, on https://hcservices.ecourts.gov.in/hcservices/

01.02.2016. The detenu, who is an Engineering student, had been taken by the 2nd respondent, for interrogation. Thereafter, the detenu had not returned to his house. In such circumstances, the petitioner has approached the 1st respondent and had made a complaint, with regard to his missing son. It is also stated that he has sent another representation to the respondents to release his son, by way of letter, dated 04.02.2016.

4. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the State had submitted that the 2nd respondent Police is producing the detenu before this Court.

3. On enquiry, the detenu had stated that he had gone to one of his relatives house at Kancheepuram. He had further stated that he had been taken by the 2nd respondent for enquriy and thereafter he has been allowed to go immediately thereafter. He had further submitted that he has not been kept in the illegal custody of the 2nd respondent, at any stage.

4. In such circumstances, we are of the view that no further orders are necessary. Hence, this Habeas Corpus Petition is closed. The detenu, who has been produced by the 2nd respondent before this Court, is allowed to go, as per his wish.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Siva Kanchee Police Station, Kancheepuram, Kancheepuram District.

+2cc to Mr.K.A.Mariappan, Advocate sr.8069 H.C.P.No.197 of 2016 svi(CO) srg(22/03/2016) https://hcservices.ecourts.gov.in/hcservices/