R. Selvam v. The Commissioner Of Police
HCP.(MD).No.964 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH HCP.(MD).No.964 of 2019 R.Selvam ... Petitioner Vs.
1. The Commissioner of Police, Trichy City.
2. The Inspector of Police, Trichy Cantonment Police Station (Crime), Trichy District.
... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of the petitioner's son 'Vairamani' S/o.Selvam, aged 19 years, before this Court and set him at liberty.
For Petitioner : Mr.S.Ramasamy For Respondents : Mr.K.Dinesh Babu (R1 & R2) Addl.Public Prosecutor
O R D E R
This Habeas Corpus Petition has been filed by the father of the detenue, on the ground that the 2nd respondent police have taken the illegal custody of the detenue Vairamani and thereafter, there was absolutely no reply with regard to the whereabouts of the detenue. Therefore, the present Habeas Corpus Petition has been filed before this Court, seeking to produce the body of the detenue.
2. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the son of the petitioner is involved in a crime, which is the subject matter of the investigation in Crime No.940 of 2019, for an offence under Section 392 of IPC r/w 397 and 506(ii) of IPC. In the said case, the detenue was arrested and remanded to judicial custody by an order, dated 18.09.2019, and presently, the detenue is confined at Central Prison, Trichy.
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HCP.(MD).No.964 of 2019
3. In view of the fact that the detenue has been remanded to judicial custody pursuant to an order passed by the Magistrate, there is no question of any illegal custody of the detenue.
4. Recording the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Commissioner of Police, Trichy City.
2. The Inspector of Police, Trichy Cantonment Police Station (Crime), Trichy District.
3.The Superintendent, Central Prison, Trichy.
4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.RAMASAMY, Advocate ( SR-88683[F] dated 23/09/2019 ) HCP.(MD).No.964 of 2019 23.09.2019 mpk TK (14.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2