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Madras High CourtHCP(MD)/500/2024closed

Alagu Natchiyar v. The Commissioner Of Police

2024-04-29Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Alagu Natchiyar ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The State rep. by The Inspector of Police, K.Pudur Police Station, K.Pudur, Madurai.

3.Usha Nanthini 4.Ramkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to secure the petitioner's friend namely Babu Rajkumar, S/o.Bose, aged about 36 years from the illegal

detention of the third and fourth respondents and produce him or his body before this Court and set him at liberty forthwith.

For Petitioner :Mr.J.Sankarapandian For R1 & R2 :Mr.RMS.Sethuraman Additional Public Prosecutor For R3 & R4 :Mr.C.Susikumar For Mother of the detenu : Mr.V.karthick Raja

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the petitioner seeking to produce the person or body of the detenu namely Babu Rajkumar, S/o.Bose, aged about 36 years and set him at liberty.

2. The case of the petitioner is that the alleged detenu Babu Rajkumar is known to her and she suspecting that the respondents 3 & 4 are keeping the detenu in illegal detention, the present Habeas Corpus Petition has been filed.

3. Pursuant to the order passed by this Court, dated 24.04.2024, the alleged detenu Babu Rajkumar is produced before this Court by the mother of the detenu. We enquired the detenu. He stated that Malliga is his mother and the third respondent is his sister and the fourth respondent is the husband of the sister. He further submitted that he has got some psychotic problem and thereby, his mother admitted him in the Home and he is under treatment. He further stated that he has completed BE and he is not under illegal custody of anybody. He expressed his willingness to go along with his mother.

4. The learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that the respondent police have conducted an enquiry and they have also recorded the statement of the mother Malliga as well as the petitioner. As per the statement, the respondent police has concluded the enquiry.

5. In view of the above, we find that the detenu is not illegally detained by anybody. Hence, this Habeas Corpus Petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 29.04.2024 Index : Yes / No Internet : Yes / No am To:

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

2.The State rep. by The Inspector of Police, K.Pudur Police Station, K.Pudur, Madurai.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 29.04.2024