Madras High Court
Nagarathinam vs The Inspector General Of Police on 2 February, 2016
Bench: A.Selvam, G.Chockalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2016
CORAM
THE HONOURABLE MR.JUSTICE A.SELVAM
and
THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM
HABEAS CORPUS PETITION(MD)No.122 of 2016
Nagarathinam .. Petitioner
Vs.
1.The Inspector General of Police,
South Zone,
Office of the Inspector General of Police,
Alagarkoil Road,
Madurai.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Thoothukudi District.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Ramanathapuram District.
4.The Inspector of Police,
Thirupulani Police Station,
Thirupulani,
Ramanathapuram District. .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution
of India praying to issue a Writ of Habeas Corpus directing the respondents
to produce the person and body of the detenu by name Karnan, son of
Kularajasingam, aged 40 years, before this Court and set him at liberty.
!For Petitioner : Mr.R.Alagumani
For Respondents : Mr.K.S.Duraipandian,
Addl. Public Prosecutor.
:ORDER
(Order of the Court was made by A.SELVAM, J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to trace out and produce the detenu by name Karnan, who is none other than the son of the petitioner.
2.It is represented on the side of the petitioner that the petitioner is the mother of the detenu and he has been missing for a long time. Under the said circumstances, the present petition has been filed for getting the relief sought for therein.
3.Mr.K.S.Duraipandian, learned Additional Public Prosecutor has taken notice for the respondents.
4.The learned Additional Public Prosecutor has represented that against the detenu a complaint has been registered in Crime No.16 of 2016 on the file of Soorangudi Police Station, Thoothukudi District, under Sections 294(b), 353 and 324 of the Indian Penal Code and further another complaint has been registered in Crime No.27 of 2016 in the same Police Station under the same Sections. The detenu has been arrested in connection with Crime No.16 of 2016 and subsequently remanded to custody and now he is in duress.
5.Considering the fact that the detenu has been arrested in connection with Crime No.16 of 2016 and remanded to custody, the relief sought for in the Habeas Corpus Petition has become infructuous and therefore the present Habeas Corpus Petition is liable to be dismissed.
6.In fine, this Habeas Corpus Petition is dismissed.
To
1.The Inspector General of Police, South Zone, Office of the Inspector General of Police, Alagarkoil Road, Madurai.
2.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.
3.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.
4.The Inspector of Police, Thirupulani Police Station, Thirupulani, Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.