Madras High CourtHCP(MD)/141/2021closed

A.Nataraj v. The Superintendent Of Police

2021-08-05Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.141 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.141 of 2021 A.Nataraj ... Petitioner/Father of the detenu -vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vedachendur Police Station, Dindigul District. ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the 1st and 2nd Respondents to produce the person or body of the petitioner son/detenue namely Rajendran S/o. Nadaraj, aged about 38 years before this Hon'ble Court and set him at liberty. For Petitioner :

Mr.J.Vishnu For Respondents :

Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) This Habeas Corpus Petition has been filed by the father of the detenu, namely, Rajendran, aged about 38 years, alleging that he is found missing from 31.12.2020 and though the detenu's wife has lodged a complaint to the second respondent on 31.12.2020, which was assigned CSR No.537 of 2020, no action was taken to trace him.

2. When the matter was taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions submitted that the investigation reveals, the detenu has lost money in share transfers and he has also obtained loans from various persons and in order to escape from the creditors, he is absconding himself and he is not illegally detained by anybody.

3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenu and produce him before the concerned jurisdictional Magistrate. On such https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.141 of 2021 production, the concerned jurisdictional Magistrate is directed to pass suitable orders, regarding the custody of the detenu, in accordance with law. The concerned Deputy Superintendent of Police is directed to monitor the investigation.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vedachendur Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Deputy Superintendent of police, Dindigul District H.C.P.(MD) No.141 of 2021 05.08.2021 SS-II(CO) KB(12.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2