Madras High CourtHCP(MD)/65/2017closed

Y.Franklin Prakash v. The Superintendent Of Police

2017-02-20Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.65 of 2017 Y.Franklin Prakash : Petitioner Vs.

1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

3.Lathanki : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to cause to produce body or person of the petitioner's brother A.Arumairaj, S/o.Arulraj, aged 34 years, before this Court and set him at liberty.

For Petitioner : Mr.R.S.Sivaram For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenu viz., A.Arumairaj, S/o.Arulraj, aged about 34 years, the petitioner, who is the cousin brother of the detenu, has filed the present Habeas Corpus Petition, stating that the detenu was found missing from 05.09.2016 onwards. In this regard, the petitioner made a representation to the first respondent to trace out the detenu on 08.01.2017. However, no effective steps were taken to trace out the detenu so far. Hence, the petitioner has come up with the present petition.

2. Today when the matter was taken up for consideration, the second respondent produced the detenu before this Court. When we enquired the detenu, he has stated that he has borrowed money from several persons and unable to pay the amount, he left the house voluntarily and he is presently staying at Velankanni. Further, the detenu has stated that he is not in illegal custody of anybody. https://hcservices.ecourts.gov.in/hcservices/

3. Recording the above said submission made by the detenu, we close the Habeas Corpus Petition.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

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

Sml sva/mr/02.03.2017/2p/4c Order made in H.C.P.[MD].No.65 of 2017 Dated: 20.02.2017 https://hcservices.ecourts.gov.in/hcservices/