Senthilkumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE SUNDER MOHAN Senthil Kumar S/o.Muthusamy .. Petitioner Vs.

1.The Superintendent of Police, Erode District.

2.The Inspector of Police, Erode North Police Station, Erode District.

3.A.Anandakumar .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 herein to produce the petitioner's son Rajaguru, aged about 16 years, before this Court from the illegal custody of the third respondent and hand over to the petitioner forthwith.

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For Petitioner : Mr.T.Gowthaman For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2] *****

O R D E R

[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 herein to produce the petitioner's son Rajaguru, aged about 16 years, before this Court from the illegal custody of the third respondent and hand over to the petitioner forthwith.

2. It is the case of the petitioner that his son Rajaguru [aged 16 years] went missing along with his friend Dhanush Babu and police are not taking effective steps to secure them.

3. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, submitted that on a complaint given by the petitioner, a case in Erode North P.S.Crime No.495/2022 has been registered on 01.11.2022 for 2/4

"boy missing" and during the course of investigation, the police secured both the boys.

4. Today, Mr.P.Shanmugam, Inspector of Police, Erode North Police Station [Mobile No.94441 75797], is present and produced both the boys viz., Rajaguru and Dhanush Babu. Senthil Kumar, father of Rajaguru and Ananda Kumar, father of Dhanush Babu, are also present.

5. When we enquired the boys, they stated that they both left home and went to Salem where they worked in a restaurant. They further stated that they are willing to go back home with their respective fathers and resume their studies.

6. The custody of Rajaguru is handed over to his father Senthil Kumar and custody of Dhanush Babu is handed over to his father Ananda Kumar.

7. Recording the same, this Habeas Corpus Petition is closed. 3/4

P.N.PRAKASH, J and SUNDER MOHAN, J gm We place on record our appreciation to Mr.P.Shanmugam, Inspector of Police, Erode North Police Station, for securing the two boys. [PNP, J.] [SM, J.] 21.11.2022 Index: Yes/No gm To 1.The Superintendent of Police, Erode District.

2.The Inspector of Police, Erode North Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

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