K. Ramasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.125 of 2019 K.Ramasamy ... Petitioner -vs1.The Superintendent of Police O/o.The Superintendent of Police Dindigul District 2.The Inspector of Police Edaiyakottai Police Station Dindigul District 3.K.Sreenivasan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the Respondents No.1 and 2 to produce the Person or body of the Petitioner's son-inlaw namely Selvaraj (32/19) S/o.Chellappa Gounder before this Court and set him at liberty.

For Petitioner :

Mr.T.Thirumurugan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 Mr.S.Gokulraj for R3

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Today, Ms.S.Vinodha, Inspector of Police, Edaiyakottai Circle, Dindigul District, is present.

2. It is the case of the petitioner that his son-in-law Selvaraj went missing since 05.01.2019, in connection with which, on the complaint given by the petitioner, a case in Edaiyakottai Police Station Crime No.3 of 2019 for man missing has been registered and the investigation is in progress. Hence, he has filed the present habeas corpus petition.

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3. On instructions, the learned Additional Public Prosecutor

submitted that the investigation conducted by the respondent - Police sofar reveals that the petitioner's son-in-law was badly in debts and in order to avoid his creditors, he has been hiding in various places. The learned Additional Public Prosecutor also represented that petitioner's son-in-law was located somewhere in Mysore from 06.01.2019 to 10.01.2019 with the help of Cellphone Towers.

4. In such view of the matter, no writ of habeas corpus can be issued, since the detenu is not in the illegal detention of anyone. However, the Deputy Superintendent of Police, Oddanchatram SubDivision, is directed to monitor the investigation that is being conducted by the Inspector of Police, Edaiyakottai Police Station in Crime No.3 of 2019 and keep the petitioner informed of the developments, if any.

5. Accordingly, the habeas corpus petition is closed. Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District.

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

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

+1cc to Mr.T.Thirumurugan, Advocate, SR.No.46460 +1cc to Mr.Mr.S.Gokulraj, Advocate, SR.No.46402 H.C.P.(MD) No.125 of 2019 12.02.2019 SP/12.03.2019 / 2P/6C https://hcservices.ecourts.gov.in/hcservices/