K.Ammuniamal v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR. JUSTICE S.BASKARAN H.C.P.Nos.1660 & 2178 of 2016 Crl.M.P.No.10593 of 2016 in H.C.P.No.1660 of 2016 K.Ammuniammal ... Petitioner in H.C.P.No.1660 of 2016 P.Unnamalai ... Petitioner in H.C.P.No.2178 of 2016 vs.
The State, rep.by its The Inspector of Police, K8 Police station, Law and Order, M.M.D.A.Colony, Chennai ... Respondent in HCP.No.1660 of 2016 State by 1.The Commissioner of Police, Vepery, Chennai-600 007 2.The Inspector of Police, Law & Order, K-8, Arumbakkam Police Station, Chennai-600 106.
.... Respondents in H.C.P.No.2178 of 2016 Prayer in H.C.P.No.1660 of 2016:- Habeas Corpus Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondent viz., the Inspector of Police, K-8, Police Station, Chennai-600 106, to produce the petitioner's son Paneerselvam, aged about 50 years, before this Court either in person or body.
Prayer in H.C.P.No.2178 of 2016:- Habeas Corpus Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the second respondent viz., the Inspector of Police, K-8, Arumbakkam Police Station, Chennai-600 106, to produce the petitioner husband K.Paneerselvam, aged about 52 years S/o.Kirubanandhan, before this Court and set him at liberty.
For Petitioners :
Mr.P.G.Perumal Pandian in H.C.P.No.1660/16 in 2178 of 2016 : Mr.A. Jotheeswaran For Respondents :
Mr.V.M.R.Rajendren, Addl. Public Prosecutor for R1 & R3
O R D E R
(Order of the Court was made by M.JAICHANDREN, J.) Heard the learned counsel appearing on behalf of the petitioners as well as the learned Additional Public Prosecutor, appearing on behalf of the respondents.
2. H.C.P.No.2178 of 2016 has been filed by the wife of the detenu and H.C.P.No.1660 of 2016 has been filed by the mother of the detenu, namely, Paneerselvam, aged about 50 years, praying that this Court may be pleased to direct the respondents, to produce the detenu before this Court and to set him at liberty.
3. It has been stated in the above mentioned habeas corpus petitions that the said Paneerselvam was working, in the Tamil Nadu Housing Board, as a Watchman. He has been missing from 7.1.2016. Even though a complaint had been lodged, on 01.02.2016, before the K8 Arumbakkam Police Station, no action had been taken by the respondent police, to trace the detenu. Hence, the above habeas corpus petitions have been filed before this Court.
4. A status report has been filed by the Inspector of Police, K8 Arumbakkam Police Station, Chennai, dated 06.10.2016, giving the details of the investigation done by the respondent police. Paragraph No.9 of the status report reads as follows: "9. I submit that the investigation so far reveals that there was dispute between both the mother and wife of the missing man - Paneerselvam, over sharing the amount of Rs.5000/-, given by Government towards flood relief fund further, frequent quarrel was happened between them with
regard to obtain the salary of the missing man - Paneerselvam. Due to which, the missing man ran away from the house and concealed himself."
5. In such circumstances, this Court is of the view that, no further orders are necessary in the present habeas corpus petitions. Hence, the habeas corpus petitions stand dismissed. However, it goes without saying that the respondent police shall continue with the investigation and to take appropriate steps, in accordance with law. Connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar msk To 1.The Inspector of Police, K8 Police station, Law and Order, M.M.D.A.Colony, Chennai.
2.The Commissioner of Police, Vepery, Chennai-600 007 3.The Public Prosecutor High Court, Madras.
1 cc to Mr.A. Jotheeswaran, advocate, Sr. 59712 H.C.P.Nos.1660 and 2178 of 2016 GJII (CO) kk 21/11