Madras High Court
Ramadass vs The Commissioner Of Police on 18 November, 2020
Bench: M.M.Sundresh, D.Krishnakumar
HCP No. 1938 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2020
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice D.KRISHNAKUMAR
H.C.P. No. 1938 of 2020
Ramadass .. Petitioner
Vs
1.The Commissioner of Police,
Commissioner's Office,
Poonamallee High Road,
Chennai.
2.The Inspector of Police,
Thiruvottiyur Police Station,
Chennai District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus calling for the records in
Crime No.1211 of 2019 dated 19.12.2019 on the file of the second
respondent and direct the 2nd respondent herein to produce the
petitioner's son Karthick, aged about 24 years, by person or body and
set him at liberty.
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HCP No. 1938 of 2020
For Petitioner : Mr.S.Silambuselvan
For Respondents Mr.R.Prathap Kumar,
:
Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu. The detenu was stated to be missing from 18.12.2019 onwards. A complaint was given on 19.12.2019 and a case was registered in Crime No.1211 of 2019 for man missing.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.Learned Additional Public Prosecutor appearing for the respondents submitted that despite efforts made, the detenu could not be traced. He did not have any mobile phone. The enquiry thus far reveals that the detenu left the home as he could not find a job.
However, further investigation is on.
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4.Considering the above, we are not inclined to keep this habeas corpus petition pending and the same stands closed. However, the second respondent shall continue with the investigation and secure the detenu. As and when the detenu is secured, he should be produced before the jurisdictional Magistrate.
(M.M.S.,J.) (D.K.K.,J.) 18.11.2020 Index: Yes/No mmi/ssm To
1.The Commissioner of Police, Commissioner's Office, Poonamallee High Road, Chennai.
2.The Inspector of Police, Thiruvottiyur Police Station, Chennai District
3.The Public Prosecutor, High Court, Madras.
Page 3 of 4http://www.judis.nic.in HCP No. 1938 of 2020 M.M.SUNDRESH, J.
and D.KRISHNAKUMAR, J.
mmi/ssm H.C.P. No. 1938 of 2020 18.11.2020 Page 4 of 4 http://www.judis.nic.in