Shenbabagavalli (Mother Of Detenue) v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Shenbagavalli ... Petitioner versus

1. The Commissioner of Police,

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District.

4. The Inspector of Police, Thedeer Nagar Police Station, ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, for the issuance of writ of Habeas Corpus, to direct the 4th respondent to secure the detenu, namely, Arulmurugan, aged about 22 years, S/o.Late.Jothimani, now detained by the 1st and 3rd respondents and produce the detenu or body of the detenu before this Court and set him at liberty. For Petitioner : M/s.J.C.Rathnavel Pandian For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor 1/3

ORDER

[Order of the Court was delivered by T.RAJA, J.] The petitioner, mother of the detenu, namely, Arulmurugan, aged about 22 years, S/o.Late.Jothimani, has filed this petition seeking for the issuance of writ of Habeas Corpus, directing the 4th respondent to secure the detenu, namely, Arulmurugan, aged about 22 years, S/o.Late.Jothimani, now detained by the 1st and 3rd respondents and produce him before this Court and set him at liberty.

2. Learned counsel appearing for the petitioner submitted that on 24.01.2020, at about 9.00 a.m., police officials from the 1st and 3rd respondents came to the petitioner's house without uniform and took the petitioner's son in the name of enquiry and thereafter, he has not been released. Therefore, a complaint has been given on 25.01.2020. However, the 4th respondent, after receipt of the complaint, has not even informed about her son. Hence, the petitioner has filed this petition.

3. Mr.K.Dinesh Babu, learned Additional Public Prosecutor, urging this Court to dismiss this petition as nothing survives, submitted that the argument advanced by the learned counsel before this Court that the detenu is missing, is wholly untenable, since the detenu has been involved in a case registered in Cr.No.21 of 2020 for the offence under Sections 147, 148 and 302 IPC on the file of 3rd respondent and after enquiry, he was arrested on 30.01.2020 and remanded to judicial custody. He has also produced a copy of the FIR and requisition letter for remand before this Court.

4. Recording the same, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ogy To

1. The Commissioner of Police, 2/3

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District.

4. The Inspector of Police, Thedeer Nagar Police Station, +1 CC to M/s.J.C.RATNAVELPANDIAN, Advocate ( SR-4600[F] dated 04/02/2020 ) 03.02.2020 JMN(19.02.2020) 3P : 6C 3/3