Chennai: The Madras high court on Friday dismissed as infructuous, a habeas corpus petition to produce a 19-year-old boy taken by the Kannagi Nagar police along with Karthi, who died in police custody on September 21, before the court and set him at liberty.
Dismissing the petition filed by Kavitha, mother of the detenue Arunachallam, a division bench comprising Justices A. Selvam and P. Kalaiyarasan said, “It is informed that the detenue has been already arrested and remanded to custody. Considering the factual circumstances, the petition becomes infructuous and hence dismissed”.
In her petition, Kavitha submitted that on September 19, the Kannaginagar police came to her house and taken her son Arunachallam, who was a daily wage labourer to the police station without assigning any reason.
Immediately, when she went to the police station, the police did not allow her to meet her son. On the next day also, she was prohibited by the police from meeting her son.
Therefore, she requested the police to produce her son before the magistrate concerned. But they did not respond and kept him in illegal custody.
While so, one of the persons brought along with her son, namely Karthi died in police custody on September 21.
After hearing the death of Karthi, she has got more fear about her son’s life. Therefore, she sent a representation to the Commissioner of Police, Chennai requesting him to save her son from the illegal custody of the Kannagi nagar police, she added.
She contended that even assuming that her son was involved in any criminal
activity, the police ought to have produced him before the Magistrate within 24 hours.
But the police did not follow the procedure as contemplated under the provisions of Cr.P.C, she added.
