Kandasamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kandasamy .. Petitioner/Father of the Detenu Vs.
1.State represented by The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Thuraiyur Police Station, Trichy District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the person or body of the detenu, the petitioner's son namely K.Vinith, S/o.Kandasamy, aged about 19 years before this Court and set him at liberty to the detenu.
For Petitioner : Mr.A.Azhageson For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J.
and C.KUMARAPPAN,J.
Vinith, S/o.Kandasamy, who is a student of Sri Rengeswarar Polytechnic College at Namakkal District, had gone missing on 22.01.2024. On the same day, his classmate, one Deepika, D/o.Subramaniam was also found missing. It is not a difficult task to guess what could have happened.
2. The mother of the girl has lodged a complaint about the missing of her daughter, Deepika and the same is registered by Namakkal Police Station in Crime No.85 of 2024 under the caption 'woman missing' on 05.02.2024. The petitioner's wife has also given a complaint regarding missing of her son and the same is registered in Crime No.29 of 2024 dated 27.01.2024 by Thuraiyur Police Station. After lodging of the complaint, the present Habeas Corpus Petition is filed for production of the missing boy, by name, Vinith.
3. The learned Additional Public Prosecutor appearing for the respondents submitted that the investigation made so far on both the
complaints indicate that the petitioner's son, Vinith and the girl, Deepika were in love and they have eloped apprehending repercussion from the family members. He further submitted that the respondent Police is making all efforts to secure them and once they are traced, intimation will be given to the petitioner.
4. In view of the above submission, this Court finds that it is a case of elopement and the Police is pursuing the matter with due diligence. Hence, the Habeas Corpus Petition is closed for the present. The respondent Police shall continue their search of the petitioner's son and the girl and proceed accordingly.
(G.J.,J.) (C.K.,J.) 23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The Superintendent of Police, State, Trichy District, Trichy.
2.The Inspector of Police, Thuraiyur Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR.G.JAYACHANDRAN,J.
and C.KUMARAPPAN,J.
Lm 23.02.2024