Madras High CourtHCP(MD)/968/2016dismissed

V.Muruganantham, v. The Superintendent Of Police,

2016-09-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.968 of 2016 V.Muruganantham : Petitioner Vs.

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

2.The Inspector of Police, Idaiyakottai Police Station, Ottanchathram Taluk, Dindigul District.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the petitioner's father K.Velusamy, aged 51 years and set him at liberty.

For Petitioner : Mr.G.Anbu Saravanan For Respondents : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the son of one Mr.Velusamy, aged 51 years. According to the petitioner, Mr.Velusamy has been living with one Parvathy at Athappanpatti Village for the past 8 years i.e., from 2008 onwards. This, according to the petitioner, is illegal detention. Therefore, he has come up with this Habeas Corpus Petition.

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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. From the averments made in the affidavit filed in support of the petition, it is crystal clear that the detenu has been living with Mrs.Parvathy for the past 8 years. A complaint has been made only very recently. It appears that there is no illegal detention and the detenu is living, on his own volition, with Mrs.Parvathy. Therefore, no relief could be granted to the petitioner in this Habeas Corpus Petition. Hence, the petition deserves to be dismissed and accordingly, the same is dismissed. Sd/ Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Idaiyakottai Police Station, Ottanchathram Taluk, Dindigul District.

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

Order made in H.C.P.(MD)No.968 of 2016 Dated:

06.09.2016 SMA/PV/16/09/2016 :2P/4C https://hcservices.ecourts.gov.in/hcservices/