S.Rasu v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.245 of 2023 S.Rasu .. Petitioner Vs.
1.The Superintendent of Police, K.Pudur, Madurai, Madurai District.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Inspector of Police, Tallakulam Police Station, Madurai.
4.Smt.Vasanthi .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce the body and person of detenu/petitioner's elder son Narayanan, aged 47 years, S/o.S.Rasu, from the illegal custody of the 4th respondent herein, before this Court and set him at liberty.
For Petitioner :Mr.K.Appadurai For R1 to R3 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
DR G.JAYACHANDRAN,J.
and K.K.RAMAKRISHNAN,J.
One Rasu aged 70 years has filed this habeas corpus petition stating that his son Narayanan was an ex-serviceman and he was married to the fourth respondent in the year 2001. After his retirement on 31.12.2022, there is no contact between him and the son. When his grand-daughter earboring ceremony held on 26.01.2023 his son did not attend his own daughter's function which has create a doubt about his whereabouts. Hence, he gave a complaint to the Inspector of Police, Jeyamangalam police station on 28.01.2023 and to the Superintendent of Police, Theni on 30.01.2023 informing about the missing of his son and suspecting that the fourth respondent is illegally detained him after collecting of his retirement benefits. Since alleging that no action has been taken by the police, the present habeas corpus petition is filed.
2.
Ater lodging another complaint at Thallakulam Police Station, the third respondent has taken up the complaint and after enquiry found that son of the petitioner has been admitted in a De-addiction Centre at Dindigul since 03.01.2023, this has been informed to the petitioner on 01.02.2023 and he has given in writing that he is satisfied that his son alive and does not want to pursue his complaint.
3. The learned Additional Public Prosecutor has furnished the photograph of detenu Narayanan along with the staff of De-addiction centre and his wife and also produced a letter issued by the Managing Director of Brindhavan De-Addiction and Rehabilitation Centre indicating that the Narayanan been admitted in their centre on 03.01.2023 and needs therapy for four months.
4. In view of the above facts, this Habeas Corpus Petition is dismissed.
Index :Yes/No (G.J.,J.) (K.K.R.K.,J.
Internet:Yes/No 23.02.2023 NCC :Yes/No am
To 1.The Superintendent of Police, K.Pudur, Madurai, Madurai District.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Inspector of Police, Tallakulam Police Station, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR G.JAYACHANDRAN,J.
and K.K.RAMAKRISHNAN,J.
am ORDER MADE IN H.C.P.(MD)No.245 of 2023 23.02.2023