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Madras High CourtHCP/852/2016closed

N. Ponnusamy @ Mallayan, v. The District Superintend Of

2016-04-25Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-04-2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR. JUSTICE S.NAGAMUTHU H.C.P.No.852 of 2016 N.Ponnusamy @ Mallayan ... Petitioner vs 1.The District Superintendent of Police Dharmapuri District Dharmapuri District Police Office Dharmapuri-5.

2.The Deputy Superintendent of Police Dharmapuri Sub-Division Dharmapuri.

3.The Inspector of Police Thoppur Police Station Thoppur Post Dharmapuri Taluk Dharmapuri District.

4.C.Govindaraji ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body of the petitioner's son, namely, P.Anbalagan, aged about 42 years, before this Court and to set him at liberty. For Petitioner :

Mr.G.K.Sekar For Respondents :

Mr.M.Maharaja Addl. Public Prosecutor for respondents 1 to 3

O R D E R

(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed, by the father of the detenu, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the respondents 1 to 3 to produce his son, namely, P.Anbalagan, aged about 42 years, before this Court, and to set him at liberty.

2. The petitioner has stated that his son, namely, P.Anbalagan, who was unemployed, had gone missing, on 19.01.2015. The petitioner has alleged that the 4th respondent had taken the detenu to the State of Andhra Pradesh for providing employment. However, it is suspected that the 4th respondent is keeping the detenu in his illegal custody. Therefore, the petitioner had lodged a complaint before the 3rd respondent police, on 12.03.2016. Since, no effective steps have been taken by the 3rd respondent police, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3. Mr.M.Maharaja, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, had submitted, on instructions, that all necessary steps would be taken to trace the detenu, namely, P.Anbalagan, based on the complaint lodged by the petitioner, on 12.03.2016, and to follow up the matter in accordance with law.

4. In view of the said submissions made by the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, we are of the view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the present Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar paa

To 1.The District Superintendent of Police Dharmapuri District Dharmapuri District Police Office Dharmapuri-5.

2.The Deputy Superintendent of Police Dharmapuri Sub-Division Dharmapuri.

3.The Inspector of Police Thoppur Police Station Thoppur Post Dharmapuri Taluk Dharmapuri District.

4.The Public Prosecutor High Court, Madras.

1 cc to Mr.G.K.Sekar, Advocate, sr.25781 H.C.P.No.852/2016 ak co kra 27.05.2016