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Madras High CourtHCP/2263/2017closed

Mrs.R.Jayanthirani, v. The Commissioner Of Police,

2019-07-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05..07..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.2263 of 2017 Mrs.R.Jayanthirani ... Petitioner -Versus1.The Commissioner of Police, Commissionerate Building, Vepery, EVR Road, Chennai.

2.The Inspector of Police, Kolathur Police Station, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of R.Sebastian son of A.Rajan, aged about 34 years now, before this court and set him at liberty.

For Petitioner : No Appearance For Respondents : Mr.R.Prathap Kumar, APP for RR1 and 2

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the mother of the detenu - R.Sebastian. She has come up with this seeking a direction to the respondents for production of her son.

2. Admittedly, the detenu is a mentally deranged person. He was in the habit of leaving home frequently and returning after few days. Now, he has been missing from the year 2017 onwards. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor, on instructions, submitted that the investigation so far conducted would reveal that the detenu was put in a home for treatment. Thereafter, he was taken back even before the completion of treatment by the petitioner. Despite efforts, the detenu is yet to be traced.

4. Considering the above, we are not inclined to keep this petition any longer. Thus, this Habeas Corpus Petition stands closed, however, with a direction tot he respondents to proceed with the investigation and as and when the detenu is traced, he should be produced before the jurisdictional Magistrate. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kmk To 1.The Commissioner of Police, Commissionerate Building, Vepery, EVR Road, Chennai.

2.The Inspector of Police, Kolathur Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras - 104. +1cc to Mr.P.L.VENDAN , Advocate SR.No. 56358 H.C.P.No.2263 of 2017 A.SK(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/