C.Ramesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2112 of 2019 C.Ramesh ... Petitioner -vs1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, E-3, Minjur Police Station, Minjur, Ponneri Taluk.

3.C.Rajkamal ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent police to produce the petitioner's wife and son namely, C.Swathi, age 24 years, and R.Lithish, age 5 years (minor) before this Court from the illegal custody of the third respondent and set them at liberty.

For Petitioner : Mr.D.Duraivel Pandian For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent police to produce the petitioner's wife and son namely, C.Swathi, age 24 https://hcservices.ecourts.gov.in/hcservices/

years, and R.Lithish, age 5 years (minor) before this Court from the illegal custody of the third respondent and to set them at liberty, the present Habeas Corpus Petition has been filed.

2. We have perused the status report. From the status report filed, it appears that the first detenue was having illicit relationship with the third respondent. She eloped with the third respondent along with the child born out of the wedlock between the petitioner and her.

3. In the light of the above, we are not inclined to keep this petition pending any longer and the Habeas Corpus Petition stands closed. However, we direct the second respondent to continue with the investigation and make all endeavour to secure the detenus. We are also conscious of the fact that the second detenu is the minor child aged about 5 years born out of the wedlock between the petitioner and the first detenue. As and when the detenus are secured, they should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, E-3, Minjur Police Station, Minjur, Ponneri Taluk.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2112 of 2019 gmr(co) nr 19/12/2019 https://hcservices.ecourts.gov.in/hcservices/