D.Sakthivel v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI D.Sakthivel ... Petitioner -vs1.The Commissioner of Police Trichy City, Trichy 2.The Assistant Commissioner of Police Srirangam Region Trichy District 3.The Inspector of Police Srirangam Police Station Srirangam, Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to secure and produce the body or person of the petitioner's son namely S.Selvakumar, son of D.Sakthivel, aged about 19 years and produce before this Court and set him at liberty.

For Petitioner :

Mr.G.Balumahendran For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to secure his son, namely, Selvakumar, aged about 19 years, produce him before this Court and set him at liberty.

2. The petitioner would claim that he is an agriculturist and he has one son / the detenue herein and one daughter. His son Selvakumar, after successfully completing Polytechnic Course at 1/3

Trichy, was working in a Private Company. While so, from 24.10.2010, his son was found missing. Despite searching him in the work place, he could not be found out. Hence, he lodged a complaint to the respondent - Police. Since the respondent - Police has not taken proper action based on his complaint, the petitioner is before this Court.

3. Heard Mr.G.Balumahendran, learned counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

4. Mr.K.Dinesh Babu, learned Additional Public Prosecutor, on instructions, would state that the detenu Selvakumar is one of the accused in Crime No.886 of 2020, on the file of the third respondent - Police. The said case was registered for the offence under Sections 147, 148, 294(b), 342, 307, 302, 120B I.P.C. and Sections 3 (1)(r), 3(1)(s) and 3(1)(v) SC/ST Act and he was secured by the respondent Police on 28.10.2020 and produced before the P.C.R. Court, Trichy and remanded to judicial custody. According to the learned Additional Public Prosecutor, the detenu is confined in Thuraiyur Sub Jail.

5. In the light of the above submissions of the learned Additional Public Prosecutor, the habeas corpus petition is dismissed.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) krk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

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

2.The Assistant Commissioner of Police, Srirangam Region, Trichy District.

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3.The Inspector of Police, Srirangam Police Station, Srirangam, Trichy District.

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

15.12.2020 KMV(CO) TR(23.12.2020) 3P 5C 3/3