R. Gandhi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Gandhi ... Petitioner/Father of the detenu vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to produce the body or person of the detenu/his son namely G.Manoj Kumar, son of R.Gandhi, aged 40 years and set him at liberty within the time stipulated by this Court. For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The Writ of Habeas Corpus has been instituted to direct the respondents to produce the body or person of the detenu, namely G.Manoj Kumar, son of R.Gandhi, aged 40 years.

2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, submitted that the detenu is aged about 40 years and now, he is in Aashramam. Even in the earlier occasion, the detenu was found missing and based on the complaint given by the petitioner, the respondent police secured the detenu from the Aashramam and handed over to the petitioner, wherein the petitioner as well as detenu had given an undertaking before the second respondent police and the said complaint was closed. On 18.08.2021, the detenu gave an undertaking before the second respondent police, wherein it is stated as follows: "Again today (18.08.2021) my parents have filed the same false complaint stating that I am missing which is completely false. I am in spiritual path of my own interest. Again 2/4

Tamil Nadu Police is asking me to come to them physically and give written statement, which I am not interested and I don't trust, Tamil Nadu Police and my parents."

3.Recording the same, this Habeas Corpus Petition is closed. No costs. [J.N.B.,J.] & [S.S.Y.,J.] 07.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Veerapandi Police Station, Theni District.

3/4

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 07.03.2025 4/4