P.Chandramohan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.567 of 2019 P.Chandramohan ... Petitioner Vs.

1.The Superintendent of Police, Superintendent Office, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai District.

4.P.Balaji 5.B.Thangapandian ... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the detenue, namely, Minor C.Sivaneshwaran, S/o.P.Chandramohan, aged about 17 years before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.S.Gopalamanikandan For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 to R.3 Mr.K.C.Maniyarasu for R.4 & R.5 *****

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is the father of the minor detenue, namely, Sivaneshwaran, aged about 17 years (Date of Birth - 17.09.2001) and alleging that he is under illegal custody at the hands of the respondent nos. 4 & 5, came forward to file this Habeas Corpus Petition and it was also entertained.

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2. A mention was made to take up this matter for the reason that the detenue has been secured and accordingly, the detenue is produced before this Court.

3. On enquiry, the detenue would state that he was employed on part time basis with the commercial store run by one P.Balaji and B.Thangapandian, wherein, cash was found to be missing and suspecting that he would be the cause, he has been repeatedly subjected to harassment and summoned by the police and therefore, on his own volition, he left the parental home and went to Tiruppur and got employed in a textile company. The detenue has also expressed his willingness to go with his parents, who are also present before this Court.

4. The learned Additional Public Prosecutor, on instructions, would submit that the detenue is a Juvenile and as on date, no case has been registered against him.

5. In the light of the above facts and circumstances, the detenue is set at liberty and his custody is handed over to his parents, who are also present before this Court.

6. In fine, this Habeas Corpus Petition stands disposed of. Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Superintendent Office, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai District.

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

H.C.P(MD)No.567 of 2019 24.07.2019 CS(01.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/