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Madras High CourtHCP/121/2021closed

K.Samynathan v. The Superintendent Of Police

2021-02-01Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.121 of 2021 K.Samynathan .. Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District.

2.The Inspector of Police, C-9, Mathur Police Station, Krishnagiri District.

3.Govindaraj .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the 2nd respondent herein to produce the petitioner's mother Mangammal, W/o.(Late) Kannan, aged about 51 years, before this Court and set her at liberty.

For Petitioner :

Mr.V.Gopalsamy For Respondents :

Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The habeas corpus petition has been filed seeking to direct the second respondent herein to produce the petitioner's mother Mangammal, W/o.(Late) Kannan, aged about 51 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that he was living with his mother Mangammal in his native place and he got married to one Paranjodi in the year 2010; since there was misunderstanding between him and his mother, the petitioner and https://hcservices.ecourts.gov.in/hcservices/

his family left the native place and went to Tiruppur; when he went to the native place in the year 2019, he did not find his mother. In this regard, the petitioner has given a complaint, based on which, a case in Mathur Police Station Crime No.45 of 2021 for 'women missing' was registered and the investigation is in progress.

3.

In the opinion of this Court, it cannot be stated that Mangammal is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition is closed with a direction to the Inspector of Police, Mathur Police Station, Krishnagiri District, to proceed with the investigation in Crime No.45 of 2020 and keep the petitioner informed of the developments, if any.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To 1.The Superintendent of Police, Krishnagiri District.

2.The Inspector of Police, C-9, Mathur Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No.121 of 2021 A.SK(17.02.2021).

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