C.Kurpakaran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1863 of 2019 C.Kirubakaran ... Petitioner -vs1.The Inspector of Police, E2, Thirupalaivanam P.S., Ponneri, Thiruvallur District.

2.A.Raman 3.S.Muruganandam ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the first respondent to produce petitioner's father Chinnadurai as body and person from the illegal custody of the 2nd and 3rd respondents before this Court and restore him to the petitioner. For Petitioner : Mr.N.R.Kaushik For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor for R1

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the son of the detenu. It is the case of the petitioner that the detenu went along with the second and the third respondents and thereafter did not return back. Thereafter, the present writ petition has been filed. 2.The learned counsel appearing for the second respondent would submit that the custody of the second respondent was taken by the first respondent without any basis and without even https://hcservices.ecourts.gov.in/hcservices/

implicating him in the offence. He was ill treated resulting in the complaint given before the National Human Rights Commission and the proceedings are pending before the said authority. (*)

3. We are not inclined to go into the investigation part in this proceedings. Admittedly, the investigation is going on. In such view of the matter, we deem it appropriate not to pass any orders in this petition. Thus, the habeas corpus petition stands closed with a direction to the first respondent to continue with the investigation. As and when the detenu is secured, he should be produced before the jursidictional Magistrate. Sd/- Assistant Registrar(Insp.cell) dt.01/10/2019 (*)6th and 7th lines of Paragraph 2 stand deleted vide order of this Court dated 03.01.2020 made in Crl.MP.17210/2019.

//True copy// Sd/- Assistant Registrar dt.20.01.2020 Sub Assistant Registrar mmi/ssm To 1.The Inspector of Police, To be substituted in the place E2, Thirupalaivanam P.S., of order despatched on Ponneri, Thiruvallur District.

13/11/2019 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Raja, Advocate SR.No.79051.

H.C.P. No. 1863 of 2019 EV(CO) GMY(04/10/2019) CSR:22/01/2020 https://hcservices.ecourts.gov.in/hcservices/