R.Shanmugam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR R.Shanmugam ... Petitioner -vs1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Kovilpatti West Police Station, Tuticorin District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the person or body of the petitioner's son namely Pechimuthu, S/o.Shanmugam, aged 27 years and set him at liberty.

For Petitioner :Mr.KA.Raamakrishnan For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by father of the detenu seeking to produce the person or body of the petitioner's son namely Pechimuthu, S/o.Shanmugam, aged 27 years and set him at liberty.

2. This Court by order, 26.03.2024 passed the following order:- "Two different complaints regarding the missing of Petchimuthu having surfaced. On 02.02.2024, the mother of the detenu has given a complaint stating that on 31.01.2024, her son Petchimuthu left the house after receiving Rs.50/- for searching a job and he did not return back. Based on the said complaint, a case in Cr.No.69 of 2024 has been registered under "man missing" caption. While so, his father Shanmugam, who is the petitioner herein, on 09.02.2024, had sent a complaint to the Superintendent of Police, as if, his son was beaten by the police and taken to the police

station. The very content of the complaint itself is inherent that it is given with some wrong external advice to fix the neighbour, by name, Udayar and also the police.

2. In any event, since the case has already been registered on 02.02.2024 and pending investigation, the respondent police is directed to file status report.

3. Post the matter after four weeks."

3. Pursuant to the order of this Court, dated 26.03.2024, a status report has been filed by Mr.Kingsley Dev Anand, Inspector of Police, Kovilpatti West Police Station. The said status report is taken on file.

4. In view of the above, this Habeas Corpus Petition is closed and the respondents shall continue with the investigation in accordance with law and as and when they trace or secure the detenu, they shall inform to the petitioner. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 29.04.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Kovilpatti West Police Station, Tuticorin District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 29.04.2024