Madras High CourtHCP(MD)/1329/2017closed

J.Ponraj, v. The Superintendent Of Police,

2017-09-08Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1329 of 2017 J.Ponraj ... Petitioner -vs1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Thiruchendur Police Station, Thiruchendhur, Tuticorin District.

3.Sivamurugan 4.Rajadurai 5.Sekar 6.Anbumani 7.Vigneshwaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents Nos.1 & 2 to produce the corpus of the petitioner's brother's son by named Thivagaran, S/o.Sivanesan, aged about 19 years from the illegal custody of the Respondents No.3 to 7 before this Court and set him at liberty.

For Petitioner :

Mr.C.Prabakaran For R1 and R2 :

Mr.T.Mohan, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the paternal uncle of the detenu. According to the petitioner, the detenu is in an illegal custody of the respondents 3 to 7.

2. The learned Additional Public Prosecutor would submit that the father, mother and one of the brother of the detenu have been arrayed as accused in Crime No.331 of 17 for the offence under https://hcservices.ecourts.gov.in/hcservices/

Section 307 of I.P.C., and to abate arrest, the accused persons along with the detenu are absconding.

3. Considering the above, this Court does not find any illegal detention involved. The very fact that this petition is filed by the paternal uncle of the detenu itself would show that the detenu along with the other accused are absconding. It is also to be noted that the father and mother of the detenu have already approached this Court seeking anticipatory bail. Accordingly, this Habeas Corpus petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Tuticorin District,Tuticorin.

2.The Inspector of Police, Thiruchendur Police Station, Thiruchendhur, Tuticorin District.

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

cp/akv MAS/KK/SAR2:26.09.2017:2P-4C H.C.P.(MD) No.1329 of 2017 08.09.2017 https://hcservices.ecourts.gov.in/hcservices/