Mrs. Balamani v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE MR. JUSTICE V.S.RAVI H.C.P.(MD)No.1152 of 2015 Balamani ... Petitioner Vs.

1.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli District.

2.The Inspector of Police, Palakkarai Police Station, Palakkarai, Tiruchirapalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents herein to produce person or body of the detenu Ramachandran, S/o.Rathinavel, aged 52 years who is found missing from 01.03.2015 at 19.30 hours before this Court and set him at liberty.

For Petitioner : Mr.N.Sivasubramanian For Respondents : Mr.K.S.Duraipandian, 1 & 2 Addl. Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the wife of one Mr.Ramachandran, aged about 52 years. He has been found missing from 01.03.2015. In respect of the same, on a complaint made, a case has been registered in Crime No.114 of 215 on the file of the Palakkarai Police Station, Tirunelveli City. But, the detenu has not been so far traced. In those circumstances, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully. https://hcservices.ecourts.gov.in/hcservices/

3. A perusal of the record would go to show that there is

no allegation of any illegal detention. In respect of the man missing, a case has been registered and the same has been taken in the right direction. In view of the same, we are of the view that this Habeas Corpus Petition is not maintainable. Therefore, this Habeas Corpus Petition is dismissed, however, with liberty to the petitioner to work out his remedy elsewhere.

Sd/- Assistant Registrar(writ) /True Copy/ Sub Assistant Registrar /- To 1.The Commissioner of Police, Tiruchirapalli City, Tiruchirapalli District.

2.The Inspector of Police, Palakkarai Police Station, Palakkarai, Tiruchirapalli District.

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

+1 +1cc Mr.N.SIVA SUBRAMANI Advocate Sr.No. 44049 gcg JAM/JGB&AAL/LIB/24.8.15/2P-5C H.C.P.(MD)No.1152 of 2015 05.08.2015 https://hcservices.ecourts.gov.in/hcservices/