Ramaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Ramaiah .. Petitioner/Detenue's son Vs.

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

2.The Inspector of Police, Panayapatti Police Station, Pudukkottai, Pudukkottai District.

(Crime No.162/2021).

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to to issue a writ of Habeas Corpus, directing the respondents to find whereabouts of the petitioner's mother/detenue by name Thiyalnayagi, W/o.Chinnaiah, aged about 75 years and produce her body or in person and set her at liberty.

For Petitioner : Mr.M.Balakrishnan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The present Habeas Corpus Petition is filed seeking direction to the respondents to produce the body or person of the petitioner's mother, namely, Thiyalnayagi, W/o.Chinnaiah, aged about 75 years, before this Court and set her at liberty.

2. Alleging that the petitioner's mother had gone missing on 03.09.2021, a complaint dated 06.09.2021 was lodged with the respondent Police, which was registered in Crime No.163 of 2021 and the respondent Police is in search of the missing lady. It appears that the petitioner's mother is deaf and dumb and her whereabouts could not be traced till date. Since the respondent Police is unable to trace the petitioner's mother, the present Habeas Corpus Petition is filed.

3. The learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, submits that the respondent Police is in continuous search of the missing lady and since there is very less clue

available, they are unable to find out her whereabouts. He further submitted that the respondent Police is continuously taking efforts to trace the petitioner's mother and if any further information is available to the petitioner and shared to the respondent Police, it will be helpful for them to intensify the search.

4. In view of the above submissions, this Court finds that since the petitioner's mother has not left much trail to trace her, the respondent Police is unable to find out her whereabouts and already 21⁄2 years have gone. Further, the second respondent Police assures that they will continue the search and intensify it as soon as any clue is available. Recording the same, the Habeas Corpus Petition is closed.

(G.J.,J.) (C.K.,J.) 04.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Panayapatti Police Station, Pudukkottai, Pudukkottai District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 04.03.2024