Deepa v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10/12/2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Habeas Corpus Petition No.2204 of 2019 Deepa ... Petitioner Vs 1.The Superintendent of Police ... Respondents Tiruvannamalai District.

2.The Inspector of Police Chengam Police Station Tiruvannamalai District.

Petition filed under Article 226 of the Constitution of India, to direct the respondents to produce the body or in person of detenue Suresh, S/o.Manickam, aged about 35 years before this Court and set him at liberty.

For petitioner ... Mr.K.Selvarangan For respondents ... Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

(Delivered by M.M.SUNDRESH,J) Instant Habeas Corpus Petition has been filed to direct the respondents to produce the body or in person of detenue Suresh, S/o.Manickam, aged about 35 years before this Court and set him at liberty.

2. Heard Mr.K.Selvarangan, learned counsel for the petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor for the respondents.

3. Today, when the matter is taken up for hearing, learned Additional Public Prosecutor has produced a status report, dated 11/2/2020, filed by the second respondent. Relevant passage of the status report is extracted hereunder:- "19. I submit that the investigation https://hcservices.ecourts.gov.in/hcservices/

reveals that the detenue is in the habit of consuming alcohol and he is living in the joint family, but he is willing to live as a separate family with his wife and children, but the same was refused by his father and brother and they are insisted him to live in joint family and also refused to give the house property in the name of the detenu. Due to the above said acts of the detenu's father and brother, the detenu got mental worryness and stress he left the home and went missing."

4. From the above, on a prima facie view, we do not find any illegal detention is involved. Accordingly, instant Habeas Corpus Petition is closed. Second respondent is directed to proceed with investigation.

-sd/- Assistant Registrar (cs) //True Copy// Sub Assistant Registrar mvs To 1.The Superintendent of Police Tiruvannamalai District.

2.The Inspector of Police Chengam Police Station Tiruvannamalai District.

3.The Additional Public Prosecutor High Court of Madras Chennai.

Habeas Corpus Petition No.2204 of 2019 AJB (CO) UMY (21/12/2020) https://hcservices.ecourts.gov.in/hcservices/