1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.1025 of 2011 K.Rajalakshmi : Petitioner Vs. 1.The Inspector of Police, Palanichettipatti Police Station, Palanichettipatti,Theni. 2.The Superintendent of Police, Theni District, Theni. 3.The Director General of Police, Office of the DGP of Tamil Nadu, Chennai. : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the respondents to produce the body or the person of the petitioner's son, K.Raja, aged about 28 years, before this Court and set him at liberty. For Petitioner : Mr.J.Praveen For Respondents : Mr.A.Ramar Addl.Public Prosecutor ORDER [Order of the Court was made by M.JAICHANDREN,J.] This Habeas Corpus petition has been filed to direct the respondents to produce the detenu, namely, K.Raja, aged about 28 years, the son of the petitioner, before this Court and to set him at liberty. 2. The petitioner has stated that there was a clash between two rival groups, on 26.10.2011. A complaint had been made falsely implicating the sons and the son-in-law of the petitioner. A criminal case, in Crime No.396 of 2009, had been registered, under Sections 147,148,323,324,294(b) and 506 (II) of I.P.C., and it is pending investigation. 3. The petitioner has further stated that one of the sons of the petitioner had been arrested, by the first respondent, in connection with the criminal case. Thereafter, he was enlarged on bail, by an order of the Judicial Magistrate, Theni. While so, the petitioner's elder son Raja, and his son-in-law, Vanaraj, had moved a petition for anticipatory bail, in Cr.M.P.No.3221 of 2011, in the Court of the https://hcservices.ecourts.gov.in/hcservices/ 2 Principal District and Sessions Judge, Theni, and it had been ordered, on 03.11.2011. 4. The learned counsel for the petitioner had stated that, inspite of the anticipatory bail order having been granted in his favour, the petitioner's son, Raja, had been taken away by the first respondent police, illegally. Thereafter, as his son had not returned house, the petitioner had made a complaint before the Deputy Superintendent of Police, Theni. However, no action had been taken against the erring first respondent. In such circumstances, the petitioner has preferred the present Habeas Corpus petition before this Court. 5. On instructions, the learned Additional Public Prosecutor had submitted that the petitioner had not been arrested, illegally, as alleged by the petitioner. In fact, the petitioner's son, Raja, had obtained an order of anticipatory bail, on 03.11.2011, in Cr.M.P.No.3221 of 2011. The first respondent is carrying on the investigation relating to the case in Crime No.396 of 2009. In fact, it is not the case of the petitioner that he is in illegal custody of the respondents, at present. 6. In view of the facts and circumstances of the case and the averments made in the affidavit filed in support of the petition and in view of the submissions made by the learned Additional Public Prosecutor, appearing on behalf of the respondents, this Court is of the prima facie, view that there is no illegal custody of the detenu, as alleged by the petitioner. Therefore, as no further orders are necessary in the present Habeas Corpus petition, it stands closed. However, it goes without saying that it would be open to the petitioner to seek his relief, if any, before the appropriate forum or authority, as per law. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Inspector of Police, Palanichettipatti Police Station, Palanichettipatti,Theni. 2.The Superintendent of Police, Theni District, Theni. 3.The Director General of Police, Office of the DGP of Tamil Nadu, Chennai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.V.Pavel, Advocate (SR.No.40064) Order made in H.C.P.(MD)No.1025 of 2011 17.11.2011 ssm NSV/2.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/