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Madras High CourtHCP/2415/2019closed

K.Ilavarasu v. The Superintendent Of Police

2019-11-18Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2415 of 2019 K.Ilavarasu ... Petitioner -vs1.The Superintendent of Police, Krishnagiri District.

2.The Deputy Superintendent of Police, Oothangarai, Krishnagiri District.

3.The Inspector of Police, Oothangarai Police Station, Krishnagiri District.

4.Alli 5.Saroja ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to directing the respondents 1 to 3 to produce the body and person of the detenues by name Alamelu W/o. Ilavarasu,aged about 40 years, and I.Tharun, S/o. Ilavarasu, aged about 19 years, before this Court and set them at liberty.

For Petitioner : Mr.M.Senthamizh Selvan For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to respondents 1 to 3 to produce the body and person of the detenus by name, Alamelu, w/o. Ilavarasu,aged about 40 years, and I.Tharun, S/o. Ilavarasu, aged about 19 years, before this Court and to set them at liberty, the present Habeas Corpus Petition has been filed.

2. As the detenus are no longer in the illegal custody coupled with the fact that a case has been registered against the private persons who took such illegal custody, we find no reason to keep this petition pending any longer and the Habeas Corpus Petition stands closed. However, we make it clear that if cognizable offence is made out against the petitioner, who is also stated to be absconding, then a case will have to be registered against him as well.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Krishnagiri District.

2.The Deputy Superintendent of Police, Oothangarai, Krishnagiri District.

3.The Inspector of Police, Oothangarai Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2415 of 2019 ln[co] srg 12/12/2019 https://hcservices.ecourts.gov.in/hcservices/