Writ petitioner filed habeas corpus petition regarding detained family members. Court held no illegal detention as the person had escaped fearing reprisal. Petition closed.
Habeas corpus petition closed; police directed to secure detenus.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and
The Hon'ble Mr. Justice M.NIRMAL KUMAR
H.C.P.No.376 of 2018
S.Kumar .. Petitioner
Vs
State rep. by
The Inspector of Police, Sankar Nagar Police Station, Pammal, St. Thomas Mount, Chennai - 75. .. Respondent
Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondent police to physically bring the body of the petitioner's son namely K.Ramachandran, aged 33 years, daughter in law Praveena, age 28 years and Grandson R.Mithran, age 4 years before this Court and set them at liberty.
For Petitioner .. Mr.C.V.Kumar For Respondent .. Mr.C.Iyyappa Raj, Addl. Public Prosecutor
ORDER
Seeking a direction to the respondent to produce the petitioner's son K.Ramachandran, aged 33 years, daughter in law Praveena, aged 28 years and Grandson R.Mithran, aged 4 years and set them at liberty, the present habeas corpus petition has been filed.
2.The petitioner is the father of the detenu - K.Ramachandran. The other detenus are the wife and son of K.Ramachandran.
3.The learned Additional Public Prosecutor, on instructions, submitted that the detenu - K.Ramachandan has escaped from the place fearing reprisal from the depositors as he was unable to pay the matured chit amount.
4.We do not find any illegal detention involved in this case. The Habeas Corpus Petition stands closed. However, the respondent shall make all endeavor to secure the detenus. As and when the detenus are secured, they shall be produced before the concerned jurisdictional Magistrate.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mmi/ssm
To
1.The Inspector of Police,
Sankar Nagar Police Station,
Pammal, St. Thomas Mount,
Chennai - 75.
2.The Public Prosecutor,
High Court, Madras.
+1cc to M/s.A.M.M.Arivazhagan, Advocate sr.60413
H.C.P.No.376 of 2018
cp(co) nr 26/08/2019
1 issue framed by the court
Whether illegal detention occurred where the detenu had escaped fearing reprisal due to inability to pay a chit amount.
S.Kumar
State rep. by The Inspector of Police, Sankar Nagar Police Station, Pammal
M.M.SUNDRESH
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
