Madras High CourtHCP(MD)/1291/2018closed

R. Selvi v. The Commissioner Of Police

2018-10-10Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1291 of 2018 R.Selvi ... Petitioner vs.

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

2.The Inspector of Police, Sessions Court Police Station, Trichy city.

3.Navasakthi ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents 1 & 2 herein to produce the body or person of the detenu namely Mr. Ayyalraj S/o Ramalingam, aged about 35 years before this Court and set him at liberty from the illegal custody.

For Petitioner : Mr.M.Jothibasu For R1 & R2 : Mr.K.Dinesh Babu Additional Public Prosecutor For R3 : Mr.N.Anandhakumar

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] This Habeas Corpus Petition is filed seeking direction to the respondents 1 and 2 herein to produce the detenu namely Ayyalraj S/o Ramalingam, aged about 35 years before this Court and set him at liberty.

2.Both the petitioner and third respondent are searching the detenu. The detenu is the son of the petitioner and husband of third respondent. It appears that the detenu has misbehaved and it was found out.

3.The learned Additional Public Prosecutor would submit that the detenu left from the place apprehending unable to face the petitioner and third respondent. A case has also been registered under 'man missing'.

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4.In view of the matter, we do not find any illegal detention at the hands of the third respondent, especially after perusing the affidavit filed on her behalf. This Habeas Corpus Petition is closed accordingly. However, the second respondent is directed to continue with the investigation.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Sessions Court Police Station, Trichy city.

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

+1CC to Mr.G.M.LAW OFFICE, Advocate, SR.No.89877 H.C.P.(MD) No.1291 of 2018 10.10.2018 MJ ES/SKN/RSK/SAR 1/31.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/