S.Senthilkumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA S.Senthilkumar : Petitioner Vs.

1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, Srirangam Police Station, Trichy City.

: Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1and 2 herein to produce the body or person of the petitioner's brother / detenu by name Sathish Kumar S/o. Sanjeevi aged about 39 years before this Court and set him at liberty.

1/5

For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

*********** [Made by P.N.PRAKASH, J.] It is the case of the petitioner that his brother Sathish Kumar aged about 39 years and who was taking treatment for certain nervous disorders, went to the nearby Kollidam Stream to have his bath on 08.07.2021 around 05.00 p.m. and thereafter, he did not return home. On these allegations, the present Habeas Corpus Petition has been filed.

2.Heard Mr.B.Mahendrarajan, learned Counsel appearing for the petitioner and Mr.T.Senthil Kumar, learned Additional Public Prosecutor who accepts notice on behalf of the respondents. 3.On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Srirangam Police Station in Crime No.601 of 2021 has been registered on 11.07.2021 for 'man missing' and the investigation is in progress.

2/5

4.It is not the case of the petitioner that his brother is in the illegal custody of the respondents herein for the issuance of a Writ of Habeas Corpus. However, we direct the Assistant Commissioner of Police, Trichy City, to supervise the investigation that is being conducted by the Inspector of Police, Srirangam Police Station in Crime No.601 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Sathish Kumar, aged about 39 years, is secured, he shall be produced before the learned District Munsif cum Judicial Magistrate, Srirangam, Trichy District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

5.Accordingly, this Habeas Corpus Petition is closed. [P.N.P.,J.] & [R.H.,J.] 22.07.2022 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Munsif cum Judicial Magistrate, Srirangam, Trichy District.

2.The Commissioner of Police, Trichy City.

3.The Assistant Commissioner of Police, Trichy City.

4.The Inspector of Police, Srirangam Police Station, Trichy City.

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

4/5

P.N.PRAKASH, J.

and R.HEMALATHA, J.

MR ORDER MADE IN 22.07.2022 5/5