Madras High CourtHCP(MD)/347/2020dismissed

R.Sakthivel v. The Commissioner Of Police

2020-06-22Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.347 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.347 of 2020 R.Sakthivel ... Petitioner -vs1.The Commissioner of Police Madurai City Madurai 2.The Inspector of Police Koodalpudur Police Station Koodalpudur Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the detenue viz., petitioner's son Karthick, S/o.Sakthivel, aged 24 years, before this Court and set him at liberty.

For Petitioner : Mr.K.Chengizkhan For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Courpus Petition has been filed seeking a direction to the respondents 1 and 2 to produce the body or person of the detenu viz., petitioner's son Karthick, aged 24 years, before this Court and set him at liberty.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that, enquiry conducted by https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.347 of 2020 the Police based on the complaint given by the petitioner in C.S.R.No.159 of 2020 shows that the alleged detenu, namely, Karthick was having an affair with a married lady by name Sasi Rekha and that both of them have eloped. Sasi Rekha's husband by name Sathish Kumar is also looking out for his wife and the child whom Sasi Rekha has taken with her.

3. In such view of the matter, this is not a case where the alleged detenu is in illegal custody of anybody. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalpudur Police Station, Koodalpudur, Madurai.

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

H.C.P.(MD) No.347 of 2020 22.06.2020 krk SDS (30.06.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2