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Madras High CourtHCP/2484/2016dismissed

K.Periasamy, Aged 66 Years, v. The Superintendent Of Police,

2017-04-18Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2484 of 2016 K.Periyasamy ... Petitioner Vs 1.The Superintendent of Police, Salem Salem District.

2.Inspector of Police, Mallikarai Police Station, Salem District.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution to issue a writ of Habeas to direct the respondent herein to produce the body of the detenu, Mr.Selvaraj, son of K.Periyasamy, now under the care and custody of his father-inlaw Mr.Chinnayan and residing at Rasipuram Main Road, Eachampatty, Athur Taluk, Salem District and set him at liberty. For Petitioner :No Appearance For Respondents :Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner has come up with this petition seeking issuance of a writ of Habeas to direct the respondents herein to produce his son Mr.Selvaraj, who according to the petitioner, is in the care and custody of his father-in-law Mr.Chinnayan and residing at Rasipuram Main Road, Eachampatty, Athur Taluk, Salem District.

2.The petitioner is the father of the detenu. Today, when the matter was taken up for hearing, there is no representation for the petitioner. A perusal of the affidavit itself would go https://hcservices.ecourts.gov.in/hcservices/

to show that Mr.Selvaraj, the detenu is after all under the care and custody of the petitioner's father-in-law Mr.Chinnayan and there is no illegal confinement of the detenu. In such view of the matter, no relief as sought for by the petitioner could be granted.

3.In the result, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jbm To 1.The Superintendent of Police, Salem Salem District.

2.Inspector of Police, Mallikarai Police Station, Salem District.

3.The Public Prosecutor, High Court, Chennai.

H.C.P.No.2484 of 2016 skv[co] srg 26/04/2017 https://hcservices.ecourts.gov.in/hcservices/