Madras High CourtHCP(MD)/1050/2017closed

Balakrishnan v. The State Of Tamil Nadu

2017-10-23Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1050 of 2017 Balakrishnan ... Petitioner -vsThe State of Tamil Nadu, Represented by its Assistant Commissioner of Police, Palayamkottai.

(Crime No.196 of 2017) ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondent to produce the body of the petitioner's son namely Mr.Rajkumar, son of Balakrishnan who is detained in Central Prison, Madurai pursuant to an order of remand dated 19.06.2017 made by the Chief Judicial Magistrate, Tirunelveli in PRC 26 of 2017, and to set him at liberty forthwith.

For Petitioner :

Mr.Sharathchandran For Respondent :

Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed this petition seeking production of his son before this Court and set him at liberty. 2.The report of the II Additional District and Sessions Judge (PCR), Tirunelveli has been received in connected H.C.P. (MD) No.914 of 2017. It is seen that cognizance has been taken in pursuant to the committal made.

3.In such of the matter, we are not inclined to grant the relief sought for. We are also of the view that since cognizance has already been taken, the only remedy open to the petitioner is to approach the learned II Additional District and Sessions Judge (PCR), Tirunelveli.

4.With the above observation, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(Records) https://hcservices.ecourts.gov.in/hcservices/ /True Copy/ Sub Assistant Registrar

To:

1.The II Additional District and Sessions Judge (PCR), Tirunelveli.

2.The Chief Judicial Magistrate, Tirunelveli.

3.The Assistant Commissioner of Police, Palayamkottai.

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

Sj MAS/MR-KKR/SAR2:22.09.2017:2P-5C H.C.P.(MD) No.1050 of 2017 06.09.2017 https://hcservices.ecourts.gov.in/hcservices/