K.Mariappan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.03.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.267 of 2016 K.Mariappan .. Petitioner vs.

1.The State of Tamil Nadu, Rep. By the District Superintendent, Salem District, Salem.

2.The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem District - 636 005.

3.The Inspector of Police, Tholasampatti Police Station, Tholasampatti, Omalur Taluk, Salem District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to cause the production of the body of the petitioner's son Muthaiyan aged about 45 years S/o K.Mariappan before this Court and deal with him in accordance with law. For Petitioner .. Mr.V.Bhiman For Respondents .. Mr.V.M.R.Rajentren, Additional Public Prosecutor

O R D E R

(The order of the Court was made by M.JAICHANDREN.,J ) This Habeas Corpus Petition has been filed, praying that this Court may be pleased to direct the respondents to cause the production of the body of the petitioner's son Muthaiyan, aged about 45 years S/o K.Mariappan, before this Court and deal with

him in accordance with law.

2.The petitioner has alleged that, his son, namely, Muthaiyan, had been missing, from 06.02.2016 onwards. He had suspected that someone had abducted his son, Muthaiyan, as he is involved in a criminal case.

3.In this connection, the petitioner had lodged a complaint before the learned Principal District Judge, Salem, as well as before the Commissioner of Police, Salem. However, as no further action has been taken by the respondent Police, the petitioner has preferred the present Habeas Corpus Petition before this Court.

4.At this stage of the hearing of this Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents, had submitted that the detenu namely, Muthaiyan, aged about 45 years, is an accused, in S.C.No.253 of 2014, on the file of the learned I Additional District Judge, Salem, and as the detenu has not been appearing before the said Court, during hearing of the trial, a Non Bailable Warrant, has been issued by the said Court, on 10.02.2016. 5.In such circumstances, we do not find any reason to issue the directions, as prayed for by the petitioner, in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar jbm

To 1.The District Superintendent, Salem District, Salem.

2.The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem District - 636 005.

3.The Inspector of Police, Tholasampatti Police Station, Tholasampatti, Omalur Taluk, Salem District.

4.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.V. Bhiman, Advocate sr.15080 H.C.P.No.267 of 2016 RV(CO) EU 30.03.16