Jaishankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P. NO.339 OF 2021 Jaisankar ..Petitioner Vs.

1.The Superintendent of Police, District Police Office, Ariyalur District.

2.State represented by The Inspector of Police, Meensurutty Police Station, Ariyalur District.

..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's son Prakash, now aged about 20 years, before this Court and set him at liberty. For Petitioner :

Mr.G.Pugazhenthi For Respondents :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by V.SIVAGNANAM, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's son Prakash, now aged about 20 years, before this Court and set him at liberty. 2.

It is the case of the petitioner that his son Prakash, aged about 20 years, went missing from 17.01.2021 and that the police are not taking effective steps to secure him. 3.

Today, Mr.S.Govindaraj (Mobile No.94981 59651), SubInspector of Police, Meensurutty Police Station, Ariyalur District, is present.

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4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, Inspector of Police, Meensuruti Police Station, registered a petition enquiry in C.S.R.No.69 of 2021; while that being so, it appears that the petitioner's son Prakash as eloped with a minor girl by viz., Azhageswari; on a complaint given by Azhagan, maternal uncle of Azhageswari, a case in Thirumullaivoyal Town Police Station Crime No.40 of 2021 was registered for 'girl missing' and during the course of enquiry, it came to light that Azhageswari has eloped with Prakash. 5.

Under such circumstances, it cannot be stated that the Prakash, aged about 20 years, son the petitioner, is in the illegal custody of anyone for issuance a writ of habeas corpus. Hence, this habeas corpus petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nsd To 1.The Superintendent of Police, District Police Office, Ariyalur District.

2.The Inspector of Police, Meensurutty Police Station, Ariyalur District.

3.The Inspector of Police, Thirumullaivoyal Police Station, Chennai.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1cc to Mr.G.Pugazhenthi, Advocate, S.R.No.13123 H.C.P. No.339 of 2021 SR II (CO) KKV/19/03/2021 https://hcservices.ecourts.gov.in/hcservices/