Madras High CourtHCP/2770/2019closed

R.Periyasamy v. The State Rep.By

2019-12-09Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2770 of 2019 R.Periyasamy S/o.Raji ... Petitioner .Vs.

1. The State by Inspector of Police, Indur Police Station, Dharmapuri District.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

3. Vijay ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing first respondent to secure and produce the detenues Mrs.Chitra W/o.Periyasamy, Hindu aged 30 years and Minor Harish S/o.Periyasamy, Hindu aged about 3 years, who are in the illegal custody of third respondent, before this Court and consequently, set them at liberty.

For Petitioner : Mr.J.Bharathiraja For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1& R2] *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] This petition has been filed seeking a direction to first respondent to secure and produce the detenues Mrs.Chitra W/o.Periyasamy, Hindu aged 30 years and Minor Harish S/o.Periyasamy, Hindu aged about 3 years, who are in the illegal https://hcservices.ecourts.gov.in/hcservices/

custody of third respondent, before this Court and consequently, set them at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor.

3. Learned Additional Public Prosecutor submits that the detenues were secured and produced before the learned Judicial Magistrate II, Dharmapuri and they refused to go with the petitioner and hence, custody was handed over to the mother of the detenue Chithra.

In the aforestated circumstance, nothing survives for further adjudication in the present petition. Accordingly, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Indur Police Station, Dharmapuri District.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.2770 of 2019 spd (co) rr ii (10/11/2020) https://hcservices.ecourts.gov.in/hcservices/