Madras High CourtHCP(MD)/843/2014dismissed

V.Thandavan v. The Commissioner Of Police

2015-08-07Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.843 of 2014 V.Thandavan .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The State rep. by the Inspector of Police, B3 Teppakulam Police Station, Madurai.

3.R.Karuppiah 4.Vellaiammal 5.Muthumari .. Respondents (R3 to R5 were impleaded as per the order of this Court dated 06.11.2014 in M.P.No.1 of 2014) Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the body or person of petitioner's son T.Balamurugan aged 32 years the detenu in the present case, before this Court and set him at liberty.

For Petitioner : Mr.E.Somasundaram For Respondents : Mr.K.S.Duraipandian for R1 to R2 Addl.Public Prosecutor Mr.M.Sankar for R3 and R4 For R5 : No Appearence

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Mr.T.Balamurugan aged 32 years. It is alleged that he has been detained illegally by the respondents 3 to 5.

2. We have heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the respondents 1 and 2 and the learned counsel for the respondents 3 to 5.

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3. The learned Additional Public Prosecutor would submit that in respect of the missing of Mr.T.Balamurugan, a case has been registered in Crime No.990 of 2012 and the case is under investigation. He would further submit that the investigation done so far has revealed that Mr.T.Balamurugan has eloped with one Muthumari, who is already married, having two children.

4. From this, it is clear that there is no illegal detention and it appears to be a case of elopement. The investigation is also in progress. Therefore, we do not find any reason to keep the Habeas Corpus Petition pending further. Accordingly, the Habeas Corpus Petition is dismissed, however, leaving it open for the petitioner to approach the appropriate authority in the manner known to law, if he is not satisfied with the investigation.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar RR To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, B3 Teppakulam Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. GJM 27.8.15-2P-4C ORDER MADE IN H.C.P(MD)No.843 of 2014 Dated: 07.08.2015 https://hcservices.ecourts.gov.in/hcservices/