Sathiyamoorthy, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.NO.2199 OF 2016 Sathiyamoorthy ..

Petitioner Vs.

1.The Superintendent of Police Vellore District, Vellore.

2.State Rep. By The Inspector of Police Ranipet Police Station Vellore District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents to produce the corpus of the detenu namely S.Ganesh son of Sathiyamoorthy, Hindu, aged about 24 years before this Court and set him at liberty.

For Petitioner :

Mr.M.Kumar For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] The Habeas Corpus Petition has been filed by the father of the detenu S.Ganesh, aged about 24 years, praying for a direction to the respondents to produce the detenu before this Court and to set him at liberty.

2. At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondent State had filed a status report, dated 24.10.2016. The learned Additional Public Prosecutor had stated that the detenu had died and his body had been found, on 13.07.2016. Paragraph Nos.12 and 13 of the status report read as follows:

"12.It is submitted that during investigation, the special team found one of the un-identified dead body at Katpadi Railway Police Station Cr.No.73/2016 u/s.174 Cr.P.C. on 13.07.2016, which is matched with the detenue photo and the same was shown to the parents of the detenue and they identified / confirmed the dead body was their son / detenue Ganesh.

13.It is further submitted that the petitioner withdrawn the Habeas Corpus Petition No.2199/2016 filed by him before the Hon'ble High Court, Madras and also withdrawn the compliant lodged before the respondent police station in written statement on 17.10.2016."

3. The learned counsel appearing on behalf of the petitioner had not disputed the submissions made by the learned Additional Public Prosecutor appearing on behalf of the respondent State and the averments made in the status report filed on behalf of the respondents, dated 24.10.2016.

4. In such circumstances, as no further orders are necessary, the Habeas Corpus Petition stands closed. TK Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar

To 1.The Superintendent of Police Vellore District, Vellore.

2.The Inspector of Police Ranipet Police Station Vellore District.

3.The Public Prosecutor High Court of Madras Chennai.

H.C.P.NO.2199 OF 2016 KSJ[CO] MK:12/11/2016