S. Gnanasoundari v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.01.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition No.1779 of 2017 S.Gnanasoundari ... Petitioner vs1.

The Commissioner of Police Trichy City, Trichy 2.

The Inspector of Police Cantonment Police Station, Trichy.

3.

Ganesan ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents 1 and 2 to produce the body or person of the detenu namely, Gowrisankar, S/o.Subramaniyan, aged 50 years before this Court and set him at liberty.

For Petitioner : Mr.V.John For R1 & R2 : Mr.C.Ramesh Addl. Public Prosecutor For R3 : No Appearance ******

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner, who is the wife of detenu, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce her husband, namely, Gowrisankar aged about 50 years before this Court and set him at liberty.

2. According to the petitioner / wife of detenue, her husband Gowrisankar/ detenu herein, who is aged about 50 years, was doing business and on 16.11.2017, he was found missing. Since his https://hcservices.ecourts.gov.in/hcservices/

whereabouts was not known, a complaint was lodged before the 2nd respondent. Even thereafter, the petitioner was not able to trace out the whereabouts of the detenue and therefore, having left with no other alternative remedy, she is before this Court, seeking for the above direction.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor has produced the detenu Gowrisankar.

4. On being enquired, the detenu himself stated that the Doctors have told him that he is suffering from Cancer and believing that it may not get cured, out of frustration, he went out of the house. Now, he expressed his willingness to accompany the petitioner herein.

5. Recording the said statement of the detenu, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To:

1.

The Commissioner of Police Trichy City, Trichy 2.

The Inspector of Police Cantonment Police Station, Trichy.

3.

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

+One cc to Mr.M.Jegadeesh Pandian, Advocate, SR.No.42735 RR RL/5C/2P/SKN/RSK/SAR1/29/1/2018 Habeas Corpus Petition No.1779 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 18.01.2018