A. Balasubramanian v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.203 of 2017 A.Bala Subramanian : Petitioner Vs.

1.The Commissioner of Police, Madurai City Police Commissioner Office, Madurai City.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, S.S.Colony Police Station, [In Crime No.91 of 2017], Madurai City.

4.Nagammal 5.Nagajothi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the person or body of the petitioner's elder son, Vignesh, aged 23 years, and set him at liberty. For Petitioner : Mr.Prasanna Rajadurai For Respondents 1 to 3: Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the father of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the person or body of the petitioner's elder son, Vignesh, aged 23 years and set him at liberty.

2. According to the petitioner, his elder son went in search of job on 26.01.2017. Thereafter, he did not return back home. In this regard, the petitioner made a complaint before the third respondent. On receipt of the said complaint, the third respondent police registered a case in Crime No.91 of 2017. Since there were no effective steps taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

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3. Today, when the Habeas Corpus Petition was taken up for consideration, the third respondent police produced the detenu. On enquiry, he has stated that he is aged about 23 years. Since there was some misunderstanding between him and his father, on his own volition, he went out of the home. At present, he has been working in Kappalur. He has further stated that he is not in illegal custody and he does not want to go along with the petitioner.

4. In view of the above, since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City Police Commissioner Office, Madurai City.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, S.S.Colony Police Station, [In Crime No.91 of 2017], Madurai City.

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

+1 cc to M/R.A.PRASANNA RAJADURAI, Advocate, SR.NO:12223 NB SVA/BS/17.03.2017/2P/6C ORDER MADE IN H.C.P.[MD].No.203 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/