Sundaramoorthy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.1984 OF 2021 Sundaramoorthy .. Petitioner/Father of Detenue Vs.

1. State represented by The Superintendent of Police, Villupuram, Villupuram District.

2. The Sub-Inspector of Police, Avalurpet Police Station, .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's son S.Kothandaraman, aged about 21 years, before this Court and set him at liberty. For Petitioner : Mr.K.Perumal Swamy For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the body of the petitioner's son S.Kothandaraman, aged about 21 years, before this Court and set him at liberty.

2.

It is the case of the petitioner that his son Kothandaraman, aged about 21 years, who went missing from

15.11.2021 and that the police are not taking effective steps to secure him.

3.

Today, S.Anbalagan (Mobile No.94981 03023), Police Constable 475, Avalurpet Police Station, Villupuram District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Avalurpet Police Station Crime No.491 of 2021 has been registered on 17.11.2021 for 'man missing' and during the course of investigation, it came to light that Gothandaraman has eloped with one Chitra, W/o.Shiva; on a complaint given by Shiva, a case in Valathi Police Station Crime No.537 of 2021 for 'woman missing' has been registered. In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Gingee Sub-Division, to supervise the investigation in Avalurpet Police Station Crime No.491 of 2021 and keep the petitioner and Shiva informed of the developments, if any. As and when Gothandaraman and Chitra are secured, they shall be produced before the Judicial Magistrate Court, Gingee, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate, Gingee.

2. The Deputy Superintendent of Police, Gingee Sub-Division.

3. The Superintendent of Police, Villupuram, Villupuram District.

4. The Sub-Inspector of Police, Avalurpet Police Station,

5. The Inspector of Police, Valathi Police Station,

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Balamurugan, Petitioner, Advocate, S.R.No.64317 H.C.P.No.1984 of 2021 NR(CO) RLP(16/12/2021)