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Madras High CourtHCP(MD)/226/2018closed

T. Iyyappan v. The Superintendent Of Police

2018-03-07Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P(MD) No.226 of 2018 T.Iyyappan ... Petitioner -vs1.

The Superintendent of Police, Kanyakumari District, Nagercoil.

2.

The Additional Superintendent of Police, Thuckalay, Kanyakumari District.

3.

The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

4. C.Sam ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents herein to produce the body of the petitioner's son Darvin, S/o.Iyyappan, aged about 25 years, who was abducted by the 3rd respondent and his relatives from the petitioner's village on 11.02.2018 before this Honourable Court to set him at liberty. For Petitioner : Mr.M.Saravanan For R1 to R3 : Mr.K.Dinesh Babu Addl. Public Prosecutor For R4 : Mr.K.P.Narayana Kumar *****

O R D E R

[Order of the Court was made by S.VIMALA, J] This petition has been filed by father, seeking direction to the respondents herein to produce his son, Darvin, aged about 25 years, who was alleged to be abducted by the 3rd respondent and his relatives on 11.02.2018, before this Court to set him at liberty.

2. According to the petitioner, her second son / detenu herein had completed B.E.(Marine Engineering) and served as a Mechanic in a ship for about 11 months. While so, from 11.02.2018 onwards, his son was found missing and suspecting that he was abducted by the 4th respondent, he lodged a complaint to the 3rd respondent and since there was no effective steps taken by the respondent police, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor has produced the detenu through the respondent police and the petitioner is also present before this Court.

4. On enquiry with the detenu, he has stated that he has not been abducted by anyone and he had left the house on his own volition. He has further stated that he already married one Shalini and has been residing with her in Valliyoor.

5. Recording the submission made by the detenu and also the fact that he is major, this Habeas Corpus Petition is closed and the detenu is set at liberty.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Additional Superintendent of Police, Thuckalay, Kanyakumari District.

3.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

+One cc to Mr.M.Saravanan, Advocate, SR.No.53484 +One cc to Mr.K.P.Narayana Kumar, Advocate, SR.No.53431 ar RL/7C/2P/SV/MMS/SAR2/26/3/2018 H.C.P(MD) No.226 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 07.03.2018