Smt.T.Angalammai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 378 OF 2015 Smt. T.Angalammai ... Petitioner - Vs -

1. State rep by The Superintendent of Police Nagapattinam District Nagapattinam.

2. The Inspector of Police Vedaranyam Nagapattinam District.

3. The Inspector of Police Kharakpur Police Station Kharakpur, West Bengal.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a writ of habeas corpus directing the respondents to produce the petitioner's husband, M.Thiruvengadam, aged about 88 years, before this Court and set him at liberty.

For Petitioner : Mr.Nithyanandam for M/s.Star Associates For Respondents : Mr. A.N.Thambidurai, Additional Public Prosecutor for R-1 & 2

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction to respondents to produce the petitioner's husband, M.Thiruvengadam, aged about 88 years, before this Court and set him at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for respondents 1 and 2.

3. It is the case of the petitioner that her husband, Thiruvengadam, who had retired from the employment of Railways, had gone missing. In this connection, the petitioner made several attempts to lodge a complaint with the police, but in vain. Left with no other alternative, the present petition has been filed.

4. On the direction of this Court, the second respondent police have registered a case in Crime No.215/2015 for 'Man Missing'.

Subsequent to the investigation made on the registration of the crime, it appears that a case in Crime No.65/2015 has been registered by the Tuticorin Railway Police under Section 174 Cr.P.C. Investigation led to the recovery of a body, which appears to tally with the description of the detenu, the missing person in this case. On being informed, Ramachandran, the son of the detenu has since identified the body as that of his father.

5. In such circumstances, since enquiry into both the cases are pending and there being no illegal detention of the detenu by any person, this habeas corpus petition is closed with a direction to the respondent police to proceed with further investigation in accordance with law.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar GLN To

1. The Superintendent of Police Nagapattinam District Nagapattinam.

2. The Inspector of Police Vedaranyam Nagapattinam District.

3. The Inspector of Police Kharakpur Police Station Kharakpur, West Bengal.

4. The Public Prosecutor High Court, Madras.

+1cc to M/s.Star Associates, Advocate, S.R.No.65571 H.C.P. NO.378 OF 2015 VD(CO) CA(22/12/2015)