1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 04.03.2011 CORAM :: THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR. JUSTICE T. SUDANTHIRAM H.C.P(MD)No.174 of 2011 Ramasamy, S/o. Sundarthevar, Aassilapuram, Solapuram South Post, Rajapalayam, Virudhunagar District. .......Petitioner - Vs - 1. State rep by The Inspector of Police, Talavaipuram Police Station, Virudhunagar District. 2. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. ..... Respondents Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India to direct the respondents to produce the body of the detenu namely Saravanan S/o. Ramasamy aged 36 years before this Hon'ble Court and set him on liberty. For Petitioner :: Mr. P. Bhaskar for M/S.P.Bahskar Associates For Respondents :: Mr. M. Daniel Manoharan Additional Public Prosecutor O R D E R (Order of the Court was delivered by CHITRA VENKATARAMAN, J.) The petitioner, who is the father of the detenu, has filed this Habeas Corpus Petition to direct the respondents to produce the body of his Son namely Saravanan, aged 36 years before this Hon'ble Court and set him at liberty. 2. The detenu is working as a Clerk in a Spinning Mill. Earlier, he served in C.R.P.F in Assam State. On 28.02.2011 at about 06.00 p.m., the son of the petitioner was arrested by the first respondent police from the mill, without informing the petitioner or his relatives about the arrest. It is stated that on enquiry, the respondents informed the petitioner that the detenu was arrested on a warrant issued by Kokrachar Court in Assam for his involvement in a criminal case. It is further stated since no material was given to the petitioner, he could not file any bail application. In the said https://hcservices.ecourts.gov.in/hcservices/ 2 circumstances, if the detenu is removed to Assam State without giving an opportunity to the petitioner and sufficient time to file bail application, that would cause great prejudice to the petitioner and the detenu. It is further stated since the respondents had not disclosed the location of the detenu, the petitioner is not aware of the whereabouts of the detenu. Hence, this petition. It is further stated that until the materials are furnished to file the bail application under Section 81 Cr.P.C., pending this Habeas Corpus Petition, Interim Injunction may be granted restraining the respondents for the removal of detenu in custody to Kokrachar Court in Assam. The learned counsel also relied upon a decision reported in GOVIND PRASAD ..VS.. THE STATE OF WEST BENGAL (1975 CRL.L.J. 1249). 3. A perusal of the decision reported in 1975 Crl.L.J. 1249 shows that it has no relevance to the case on hand. Except for placing reliance upon the said decision, which is not relevant to the case on hand, there is hardly any material to substantiate the maintainability of this Habeas Corpus Petition. Even as per the averments in Paragraph 6 of the Affidavit filed in support of this petition, the petitioner was informed that the arrest of his son was under the warrant issued by Kokrachar Court in Assam State. It is admitted that the petitioner had the knowledge about the said arrest warrant issued. Hence, we do not find any justification to exercise the jurisdiction under Article 226 of the Constitution of India. It is needless to point out that the petitioner had already moved the Criminal Original Petition for bail, the remedy available under the Code. We do not find that Habeas Corpus Petition is a proper remedy available to the petitioner to seek the relief as prayed for in this petition. In the said circumstances, we reject the prayer of the petitioner. 4. In the result, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1. The Inspector of Police, Talavaipuram Police Station, Virudhunagar District. 2. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai H.C.P(MD)No.174 of 2011 Dpn/SMA/4C/2P 04.03.2011 https://hcservices.ecourts.gov.in/hcservices/