Sagaya Rani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE SUNDER MOHAN Sagaya Rani

...Petitioner/Sister

of the detenue Vs.

The State rep by The Inspector of Police, Contonment Police Station, Trichy District.

...Respondent

PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents to secure or produce the body or person of the detenu, the petitioner's brother namely, Vincent Selvakumar, S/o.Ramachandran, aged about 45 years, before this Court and set him at liberty.

For Petitioner :Mr.J.Saravana Kumar For Respondents : Mr.R.Meenkshi Sundaram Addl. Public Prosecutor 1/4

O R D E R

DR. G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

This Habeas Corpus Petition is filed by the Sister of the detenu viz., Vincent Selvakumar, aged about 45 years. 2.The said Vincent Selvakumar was working in TASMAC shop and missing from 22.10.2022. A complaint was given by the petitioner herein, on 30.12.2022 informing that her brother left the home saying that he is going to meet his friend Ayyavu, but did not turn up even after two months. The Cell Phone number of the Ayyavu has also furnished in the complaint. Based on the complaint, the police has conducted search, so far, they could not trace the missing man. 3.The learned Additional Public Prosecutor appearing for the respondents submitted that a special team has been constituted and the said team had in pursuant of tracing the missing person. In this regard, a status report has been filed indicating the action so far taken by the respondents. In the status report, he has submitted that the respondent police so far not able to get any fruitful information in spite of reasonable 2/4

efforts taken to secure the missing person. If any lead about the missing person is received, they will be tried to secure the missing man, on the said lead.

4.This Court, after perusing the status report, is of the view that there is no purpose in keeping the Habeas Corpus Petition pending. In spite of the constitution of special team, no fruitful lead is received as on date. The complaint is being given after two months of the missing of the said Vincent Selvakumar and so far the information collected indicates that the said Vincent Selvakumar was mentally depressed, due to the demise of his mother and has left the home and he has also have some financial commitment. Hence, this Habeas Corpus Petition is closed with the direction to the respondents to pursue the complaint and investigate the same, till he is traced.

(G.J.,J.) (S.M.,J.) 27.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns 3/4

DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

Ns To 1.The Inspector of Police, Contonment Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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