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Madras High CourtHCP(MD)/452/2017dismissed

Sathiya Kumar, v. The Superintendent Of Police,

2017-03-27Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.452 of 2017 Sathiya Kumar : Petitioner Vs.

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

2. The Inspector of Police, Ottanchatram Police Station, Dindigul District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce person or body of the detenu, namely, Gogulabalan, aged 61 years, S/o.Selvaraj [Late] before this Court and set him at liberty.

For Petitioner : Mr.A.Arul Jenifer For Respondents : Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is the son of the detenu, has come forward with the present Habeas Corpus Petition, directing the respondents to produce person or body of the detenu, namely, Gogulabalan, aged 61 years, S/o.Selvaraj [Late] before this Court and set him at liberty.

2. The learned Additional Public Prosecutor, on instructions from the respondent police, reports that the father of the petitioner is missing since 2004.

3. Thus, we find that the present attempt is a belated attempt made by the petitioner, presumably, for the reasons, which are not mentioned in the affidavit. The legal position is that if a person https://hcservices.ecourts.gov.in/hcservices/

is not traceable for a period of seven years, he is presumed to be dead. Therefore, no direction, as sought for by the petitioner, could be issued. Hence, the present Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Ottanchatram Police Station, Dindigul District.

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

+1 cc to Mr.A.Arul Jenifer, Advocate, SR.No. 18421 ORDER MADE IN H.C.P.[MD].No.452 of 2017 27.03.2017 NB MKV-KP-SAR 4/7.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/