Settu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.1933 OF 2021 Settu .. Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Vellore, Vellore District.

2. State represented by The Station House Officer, Viruthampet Police Station, Vellore District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents police to produce the body of the detenu viz., Bharathi, S/o.Parasuraman, aged about 26 years, before this Court and set him at liberty.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents/police to produce the body of the detenu viz., Bharathi, aged about 26 years, before this Court and set him at liberty.

2.

It is the case of the petitioner that his son Bharathi, aged about 26 years, went missing from 18.09.2021 and that the police are not taking effective steps to secure him. 3.

Today, R.Babu (Mobile No.94432 15031), Special SubInspector of Police, Viruthampet Police Station, Katpadi, Vellore District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Viruthampet Police Station Crime No.414 of 2021 has been registered on 27.09.2021 for 'man missing' and during the course of investigation, it came to light that the detenu Bharathi has allegedly borrowed money from various persons and has gone into hiding.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Katpadi Sub-Division, to supervise the investigation in Viruthampet Police Station Crime No.414 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Bharathi, aged about 26 years, is secured, he shall be produced before the Judicial Magistrate Court No.III, Vellore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.III, Vellore.

2. The Deputy Superintendent of Police, Katpadi Sub-Division.

3. The Superintendent of Police, Office of the Superintendent of Police, Vellore, Vellore District.

4. The Station House Officer, Viruthampet Police Station, Vellore District.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.1933 of 2021 NRL(CO) RLP(17/12/2021)