Madras High CourtHCP(MD)/1222/2016dismissed

A.Ramesh Babu v. The Superintendent Of Police

2016-09-09Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.[MD].No.1222 of 2016 A.Ramesh Babu : Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Triunelveli.

2.The Inspector of Police, Sevelaperi Police Station, Tirunelveli District.

3.Mrs.Rajakumari : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's father namely Anandappan @ Anandan, S/o.Aadhi, aged about 68 years before this Court, who is under the illegal custody of third respondent and set him at liberty.

For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the son of one Mr.Anandappan @ Anandan, S/o.Aadhi, aged 68 years. The petitioner is an Advocate practising in Tirunelveli. According to the petitioner, the third respondent is keeping Mr.Anandappan @ Anandan, for the past three years. This, according to the petitioner, amounts to illegal detention. There is also an allegation that the detenu is mentally ill. https://hcservices.ecourts.gov.in/hcservices/

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. We have also perused the records carefully.

3. Though it is stated by the learned counsel for the petitioner that the detenu is mentally ill, there is no averment found in the affidavit to that effect.

4. The learned Additional Public Prosecutor would submit that the detenu is happily residing with the third respondent for the past three years. This shows that there is no illegal detention. The Habeas Corpus Petition is, therefore, dismissed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Triunelveli.

2.The Inspector of Police, Sevelaperi Police Station, Tirunelveli District.

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

+1cc to Mr.A.D.Ganeshamoorthi, Advocate SR.No.51143 sml sm:PV:20/09/2016:2P/5C Order made in H.C.P.[MD].No.1222 of 2016 Dated:

09.09.2016 https://hcservices.ecourts.gov.in/hcservices/