Madras High CourtHCP(MD)/111/2017closed

Balakrishnan v. The Superintendent Of Police

2017-02-13Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.111 of 2017 Balakrishnan .. Petitioner Vs.

1.State of Tamil Nadu, Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

.. Respondents PRAYER: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondent Nos.1 and 2 to secure and produce the body or person of the detenu / petitioner's brother viz., Maheshkumar, aged about 29 years before this Court and set him at liberty.

For Petitioner : Mr.S.Sentil Sankara Nathakumar For respondents 1 & 2 : Mr.K.S.Duraipandian, Addl. Public Prosecutor

ORDER

[Order of the Court was made by R.SUBBIAH, J.] The brother of the detenu by name Maheshkumar, aged about 29 years, has come with this Habeas Corpus Petition alleging that he has been found missing from 21.12.2016. In this regard, based on the complaint given by the petitioner, a case has also been registered in Crime No.368 of 2016 for man missing. Thereafter, there was no progress. Hence, he has come up with this Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/ 2.Today, when the matter was taken up for hearing, the second

respondent produced the detenu. The petitioner was also present. On enquiry, the detenu told that he was not kidnapped or illegally detained by any body and that he voluntarily left the house and stayed at Palani and he is now working there. 3.In view of the above, nothing survives for adjudication in this petition. Hence, this Habeas Corpus Petition is closed with liberty to the detenu to choose his own way of life. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

+1 cc to MR.S.SENTHIL SANKARANATHA KUMAR, Advocate SR.No.8404 Order made in H.C.P.[MD].No.111 of 2017 Dated: 13.02.2017 SMA/SV-MMS/28.02.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/