Jayapal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2570 of 2018 Jayapal ... Petitioner -vs1. The Secretary to Government Department of Home, St.George Fort, Chennai.

2. The Commissioner of Police, Chennai Commissionarate, Chennai.

3. The Inspector of Police, Keelpauk Police Station, keelpauk, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body or person of the detenu namely J.Gopinath, son of the petitioner aged about 21 years old before this Court and set him at liberty.

For Petitioner : No Appearance For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the body or person of the detenu namely J.Gopinath, son of the petitioner, aged about 21 years old, before this Court and to set him at liberty, the present Habeas Corpus Petition has been filed.

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2. There is no representation for the petitioner on the earlier occasion and even today. Heard the learned Additional Public Prosecutor for the State.

3.We have perused the status report filed by the respondents/Police. From the status report, it appears that the detenu, who is the son of the petitioner has left on his own and he did not want to pursue the studies. The report further reveals the number of persons inquired.

4. In such view of the matter, we are not inclined to keep this petition pending any longer and the Habeas Corpus Petition stands closed. However, we direct the respondent/police to proceed with the investigation and secure the detenu. As and when the detenu is secured, he should be produced before the jurisdictional Magistrate.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar mmi/ssm To

1. The Secretary to Government Department of Home, St.George Fort, Chennai.

2. The Commissioner of Police, Chennai Commissionarate, Chennai.

3. The Inspector of Police, Keelpauk Police Station, keelpauk, Chennai.

4. The Additional Public Prosecutor, High Court, Madras.

H.C.P. No. 2570 of 2018 RK(CO) SP(06/12/2019) https://hcservices.ecourts.gov.in/hcservices/