Sivakumar v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.11.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN Sivakumar .. Petitioner Vs.

1.The Superintendent of Police Chengalpattu Chengalpattu District 2.The Inspector of Police Cheyyur Police Station Chengalpattu District (Crime No.77 of 2022) .. 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 and person of the detenu viz., M.Nagappan, aged 82 years, S/o.Madurai, father of the petitioner before this Court and set him at liberty. For Petitioner : Mr.R.S.Mohan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor 1/4

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his father viz.,Nagappan, aged about 82 years, who was taking treatment in the hospital for some ailment, left home on 07.03.2022 saying that he is going to hospital and did not return home; on a complaint given by the petitioner, a case in Cheyyur P.S. Crime No.77 of 2022 was registered and police are not taking effective steps to secure him and hence, the present habeas corpus petition seeking a direction to the respondents to produce him before this Court and set him at liberty.

2. Today, Mr.D.Mahadevan, HC-211, G-4 Cheyyur Police Station, is present before this Court.

3. On instructions, the learned Additional Public Prosecutor submitted that the petitioner's father was suffering from mental illness, for which, he is taking treatment in the hospital; he left home on 07.03.2022 and did not return; therefore, on a complaint given by the petitioner, a case in Cheyyur 2/4

P.S. Crime No.77 of 2022 has been registered on 23.03.2022 and investigation is in progress.

4. In such view of the matter, we direct the Deputy Superintendent of Police, Madurantagam Sub-Division to supervise the investigation in Cheyyur P.S. Crime No.77 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he shall be produced before the Judicial Magistrate, Cheyyur, under due intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenu. With the above directions, this habeas corpus petition stands closed. [P.N.P., J.] [T K R, J.] 04.11.2022 gya P.N.PRAKASH, J.

AND 3/4

RMT.TEEKAA RAMAN, J.

gya To 1.The Judicial Magistrate Cheyyur 2.The Deputy Superintendent of Police Madurantagam Sub-Division 3.The Superintendent of Police Chengalpattu Chengalpattu District 4.The Inspector of Police Cheyyur Police Station Chengalpattu District 5.The Public Prosecutor High Court, Madras 04.11.2022 4/4