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Madras High CourtHCP/1649/2019disposed of

Sarala v. The Inspector Of Police

2019-09-17Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2019

CORAM:

The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr.Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1649 of 2019 Sarala ... Petitioner Vs.

The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Tiruvallur District.

... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the Respondent to produce the body of Jayaprakash, S/o.Kannappa Chettiar, aged about 59 years, before this Court and set him at liberty.

For Petitioner : Mr.G.Sakthivel For Respondent : Mr.R.Prathap Kumar, Additional Public Prosecutor

ORDER

[Order of the court was made by M.M.SUNDRESH,J.] The Petitioner is the wife of the detenu viz. Jayaprakash, who is stated to be mentally deraged. The detenu has been missing from 15.08.2018, as could be seen from the complaint made by the wife of the detenu. A case has been registered as 'man missing' on 23.09.2018 in Crime No.965 of 2018. 2.

Admittedly, the detenu is mentally deraged. Despite the efforts made by the Respondent Police, the detenu is yet to be secured.

3.

Learned Additional Public Prosecutor submitted that all necessary steps have been taken by the Respondent police to trace the detenu and investigation is going on. 4.

Thus, as per the reasons recorded, we are not inclined to keep this Petition pending any longer. However, the Respondent is directed to proceed with the investigation and https://hcservices.ecourts.gov.in/hcservices/

shall make endeavor to secure the presence of the detenu and as and when the detenu is found, he shall be produced before the jurisdictional Magistrate.

5.

In the result, the Habeas Corpus Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.

The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Tiruvallur District.

2.

The Public Prosecutor, High Court, Madras.

+1 cc to M/s.G.Sakthivel, Advocate Sr.No. 79524 AKM/17.10.19/2P-4C / H.C.P.No.1649 of 2019 https://hcservices.ecourts.gov.in/hcservices/