A.Palanisamy v. The Inspector Of Police

H.C.P.(MD) No.1981 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1981 of 2021 A.Palanisamy ... Petitioner Vs.

1.The Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam, Karur Taluk and District.

2.S.Jegadeesh 3.P.Ramesh 4.N.Rajeshkumar 5.Balachandiran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce the body or person of the detenue namely P.Mohanraj, S/o.Palanisamy, aged about 40 years before this Court and set him at liberty For Petitioner : Mr.E.K.Kumaresan For 1st Respondent : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks issuance of Writ of Habeas Corpus for production of the person of his son Mohanraj, aged about 40 years. It is claimed that he has been missing since 27.07.2021. It is also claimed that the respondents 2 to 5 are threatening to get a sale deed from the said Mohanraj, by illegally confining him.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Upon instructions, learned Additional Public Prosecutor would submit that a case has been registered against said Mohanraj, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1981 of 2021 under Section 420 of I.P.C. for cheating nearly 31 persons in Crime No.41/2021 with the respondent police. It is also claimed that the respondent police are look-out for him and he has been absconding.

4. In view of the above, we do not find a case of illegal detention. It is a case where the detenu has cheated people and he has been absconding and hence this Habeas Corpus Petition fails and accordingly the same stands dismissed.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) rm 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 Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam, Karur Taluk and District.

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

H.C.P.(MD) No.1981 of 2021 09.02.2022 MK/22.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2