Nallammal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD)No.429 of 2021 Nallammal ... Petitioner / Mother of the Detenu Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Keelavalavu Police Station, Madurai District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's son, the detenu, namely, Balamurugan, S/o.Andiyappan, aged about 34 years before this Court and set him at liberty. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
S.VAIDYANATHAN, J.
And DR.G.JAYACHANDRAN, J.
The mother of the detenue, Balamurugan, aged about 34 years is the petitioner herein, seeking issuance of writ of habeas corpus to bring the body of her son Balamurugan, who is missing since 2019. According to the petitioner, her son is a bachelor, studied upto 9th Standard was living with her eking his livlihood as a lorry cleaner. During the month of August, 2019, he went to work, but did not return. His whereabouts are not known. The complaint 1/3
given by her to the police was not acted upon. Hence, the second respondent police may make all efforts to search and bring her son either live or dead and produce before this Court.
2. The respondent police has filed a status report, wherein it is stated that based on the written complaint of the petitioner FIR in Crime No.223 of 2021 was registered. From the lead collected, they went to Bangalore residence of the petitioner's daughter (sister of the detenue) and as per their information, the police party went to Soolagiri in search for the missing person in the quarry operating in that area since the sister and brother-in-law of the missing person informed the police that the missing person was with them for few days and left saying that he is going to Soolagiri quarry. So far the respondent has examined 13 witnesses, but could not get any clue about the missing person till date. 3.In view of the above status report, this Court close this Habeas Corpus Petition with a direction to the respondent police to intensify the search of the missing person by constituting a team and inform to the petitioner herein as and when they get any progress in their investigation.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Keelavalavu Police Station, Madurai District.
2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-37082[F] dated 02/12/2021 ) H.C.P.(MD)No.429 of 2021 02.12.2021 MGJ(17.12.2021) 3P 5C 3/3