S.Deepa v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA S.Deepa ... Petitioner / Daughter of the Detenu Vs.

1.State of Tamil Nadu, The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

(Crime No.102/2024) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the persons of detenue namely Subburaman S/o.Suraiya aged about 70 years before this Court and hand over custody of the father to the petitioner herein and set at liberty them. 1/4

For Petitioner : Mr.M.Beema Rao For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2. The petitioner's father went missing some 8 months back. Based on the petitioner's complaint, Crime No.102 of 2024 was registered by the second respondent. Recently, skeleton of a person suspected to be the petitioner's father was noticed. DNA has been extracted from the femur bones of the said body and sent for analysis. The petitioner appears to have identified the slipper that was found near the skeleton as belonging to her father.

3.The learned Additional Public Prosecutor also states that the second respondent has altered the FIR and brought it under 174 of Cr.P.C.

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4. In these circumstances, keeping this habeas corpus petition will not serve any purpose. The second respondent is directed to intimate the petitioner about the results of the DNA and thereafter, act as per law. The Habeas Corpus Petition is closed.

(G.R.S. J.,) & (R.P. J.,) 28.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note:Issue Order Copy on 29.01.2025.

To:- 1.State of Tamil Nadu, The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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