Madras High CourtHCP(MD)/1193/2015dismissed

L. Margina v. The Superintendent Of Police

2015-08-28Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1193 of 2015 L.Margina .. Petitioner Vs.

1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Aeral Police Station, Tuticorin District.

3.Santhanamari 4.Baskar .. Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the body or the person of the petitioner's son Muthu Ganesh, S/o.Loganathan, aged about 21 years before this Court and set him at liberty.

For Petitioner : Mr.M.Gururaj For RR 1 & 2 : Mr.K.S.Duraipandian Additional Public Prosecutor For RR 3 & 4 : No appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the mother of one Muthu Ganesh, S/o.Loganathan, aged about 21 years. According to the petitioner, he has been found missing from 21.05.2014 onwards. Therefore, he has come up with this petition.

2. We have heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the records carefully.

3. The learned Additional Public Prosecutor would submit that the third respondent herein is aged about 28 years and already married. He would further submit that there are reasons to believe that the detenu Mr.Muthu Ganesh has eloped with the third respondent.

4. The learned Additional Public Prosecutor would also submit that during enquiry, it has come out that he has eloped with the third respondent.

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5. In view of the said submissions, since we did not find any allegation of illegal detention, we find that there is no scope to issue any direction as prayed for. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Aeral Police Station, Tuticorin District.

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

ORDER MADE IN H.C.P(MD)No.1193 of 2015 28.08.2015 PJL/RR NS/AN-MP/11.09.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/