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Madras High CourtHCP(MD)/468/2019disposed of

K.Palanisamy, v. The Superintendent Of Police

2019-06-07Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.468 of 2019 K.Palanisamy ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Keeranur Police Station, Pudukottai District.

3.Manokaran ... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the second respondent to produce the body or person of the petitioner's second son, namely Ajithkumar, S/o.Palanisamy, aged about 20 years, before this Court and set him at liberty.

For Petitioner : Mr.N.Kamesh For RR 1 & 2 : Mr.K.Dinesh Babu, Additional Public Prosecutor.

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J] The petitioner is the father of the major detenu, namely, Ajith Kumar, aged about 20 years and according to him, his son was in contact with one Mahalakshmi, daughter of Manoharan and he went for a job on 28.05.2019, who did not return and apprehending, the safety and well-being of his son, came forward to file the Habeas Corpus Petition.

2.The learned counsel appearing for the petitioner would submit that the complaint, dated 31.05.2019 given in this regard, not even has been entertained and therefore, the petitioner has constrained to approach this Court by filing the Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/ 3.Mr.K.Dinesh Babu, learned Additional Public Prosecutor accepts notice on behalf of the respondents 1 and 2 and would

submit that the third respondent has also given a complaint as to the missing of his daughter, namely Mahalakshmi. Based on the said complaint, a case in Crime No.138 of 2019 was registered by Keeranur Police and investigation is on.

4.In the light of the above facts and circumstances, the second respondent is directed to carry out the investigation in a fair and proper manner and in accordance with law and as and when the detenue herein as well as the daughter of the third respondent are traced out, they shall be produced before the Court of Judicial Magistrate, Pudukottai, for passing appropriate orders as to their custody. The jurisdictional Deputy Superintendent of Police, Pudukottai is also directed to monitor the investigation and progress of the same also be informed to the petitioner as well as to the third respondent.

5.The Habeas Corpus Petition is disposed of with the aforesaid observations and directions.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Deputy Superintendent of Police, Pudukottai.

2.The Superintendent of Police, Pudukottai District.

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

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

PS Order made in H.C.P.(MD)No.468 of 2019 07.06.2019 KM/(27.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/