D.Alamelu v. The Superintendent Of Police,

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.1647 of 2019 D.Alamelu ... Petitioner vs.

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

2.

The Inspector of Police, Uthiramerur Police Station, Kancheepuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 2nd Respondent to produce the body of the Petitioner's husband viz. Datchanamoorthy, Son of Marimuthu, aged about 55 years before this Court and set him at liberty forthwith. For Petitioner : Mr.P.S.Jayakumar For Respondents : Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] The petitioner is the wife of the detenu viz. Datchanamoorthy, who is said to be physically and mentally challenged. She has come up with the present Petition seeking production of the detenu.

2.

Heard the learned counsel for the parties.

3.

From the submissions made by the learned counsel for the parties, it appears that on four occasions, the detenu had left his home.

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4.

Learned Additional Public Prosecutor further submitted that all necessary steps have been taken by the Respondent police to trace the detenu and investigation is going on. 5.

Thus, as per the reasons recorded, we are not inclined to keep this Petition pending any longer. However, the 2nd Respondent 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.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar (aeb) To:

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

2.

The Inspector of Police, Uthiramerur Police Station, Kancheepuram District.

3.

The Public Prosecutor, High Court, Chennai.

+1cc to Mr.P.S.Jayakumar, Advocate Sr.79636 H.C.P.No.1647 of 2019 pm[co] srg 18/10/2019 https://hcservices.ecourts.gov.in/hcservices/