N.Pappasubramanian v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.1598 OF 2015 N.Pappasubramanian .. Petitioner vs.

1.The Superintendent of Police, Thiruvarur District, Thiruvarur.

2.The Inspector of Police, Vaipoor Police Station, Vaipoor, Thiruvarur District.

3.Anusiya 4.Ravichandran 5.Valarmathi 6.Mariappan 7.Kalyani 8.Mahalingam 9.Meganathan 10.Murugaian

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus petition directing the respondents 1 and 2 to produce the body or persons of the petitioner's father and mother, namely, Natesan, aged about 57 years and Baby aged about 52 years, who are under the illegal custody of 4th to 10th respondents before this Court and hand over the custody to him.

For Petitioner .. Mr.R.Muruga Bharathi For Respondents .. Mr.A.N.Thambidurai, APP

1 and 2

ORDER

(Order of the Court was made by S.TAMILVANAN, J.) This petition has been filed by the petitioner/son of the detenues, namely, Natesan, aged about 57 years and Baby aged about 52 years, who are under the illegal custody of the 4th to 10th respondents and to set them at liberty.

2.

The alleged detenues, namely, Natesan and Baby are produced before this Court. The petitioner is also present before the Court. 3.

The learned Additional Public Prosecutor would submit that the petitioner married the 3rd respondent, namely, Anusiya and that was not accepted by his parents. Further, there was a matrimonial dispute between the petitioner and the 3rd respondent and the villagers were supporting the caste of the 3rd respondent. Hence, according to the learned Additional Public Prosecutor, the petitioner himself hidden his parents and lodged a complaint against his wife and the villagers, namely, the respondents 4 to 10 and based on his complaint a case was registered in Cr.No.2 of 2015 on the file of the All Women Police Station, Thiruvarur Town which is pending before a concerned court.

4.

The said statement made by the learned Additional Public Prosecutor is disputed by the learned Counsel for the petitioner. However, he admits that a case was registered by the All Women Police Station, Thiruvarur Town and the same is pending. 5.

Since the detenues are produced before this Court, we find it just and necessary to record the same and close this Habeas Corpus Petition without prejudice to the case pending before the court below. 6.

With the above observation, the Habeas Corpus Petition is ordered to be closed.

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

2.The Inspector of Police, Vaipoor Police Station, Vaipoor, Thiruvarur District.

3.The Public Prosecutor High Court, Madras.

+1 cc to Mr.R.Murugabharathi,Advocate(SR.37836) H.C.P.No.1598/2015 skv(co) cp 11.08.2015