K.Kannan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.01.2023

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH K.Kannan .. Petitioner Vs.

1.The Assistant Commissioner, O/o.Assistant Commissioner of Police, Adayar Range, Chennai.

2.The Inspector of Police, Thiruvanmiyur Police Station, Chennai District.

(Crime No.315/2022) .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the second respondent herein to produce the body or person of the petitioner's son viz. Selvam, S/o.Kannan, aged 32 years, before this Court and set him at liberty. 1/5

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed by the petitioner seeking a direction to the second respondent herein to produce his son viz. Selvam, aged about 32 years, before this Court and set him at liberty. 2.

It is the case of the petitioner that his son Selvam, aged about 32 years, went missing from 19.08.2022 and that the police are not taking effective steps to secure him.

3.

Today, N.Chidambaram (Mobile No.94981 93137), SubInspector of Police, J-6, Thiruvanmiyur Police Station, Chennai, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thiruvanmiyur Police Station Crime No.315 of 2022 has been registered on 2/5

07.09.2022 for 'man-missing' and during the couse of investigation, it came to light that the detenu Selvam has developed an affair with one Kalaiselvi, who is already married and eloped with her.

Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Neelankarai Range, Chennai, to supervise the investigation in Crime No.315 of 2022 that is being conducted by the Inspector of Police, Thiruvanmiyur Police Station, Chennai and keep the petitioner informed of the developments, if any. As and when the detenu Selvam, aged about 32 years, is secured, he shall be produced before the XVIII Metropolitan Magistrate Court, Saidapet, Chennai, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

[P.N.P., J.] [N.A.V., J.] 02.01.2023 nsd 3/5

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

nsd To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Assistant Commissioner of Police, Neelankarai Range, Chennai.

3. The Assistant Commissioner, O/o.Assistant Commissioner of Police, Adayar Range, Chennai.

4.The Inspector of Police, Thiruvanmiyur Police Station, Chennai District.

5.The Public Prosecutor, High Court, Madras.

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