K.Suruliammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1779 of 2015 K.Suruliammal .. Petitioner Vs.

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

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

3.Ramkumar 4.K.Raja 5.A.Kalimuthu 6.Rajeshwari .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents police to produce the petitioner's son Kalidass S/o.Kalimuthu aged about 34 years and his male child namely 1. Shridharsan aged about 8 years and 2. Haridharsan aged about 3 years and produce before this Court and set them at liberty. For Petitioner : Mr.A.D.Ganeshamoorthi For RR - 1 & 2 : Mr.R.Ramachandran Additional Public Prosecutor For R - 3 : Mr.R.Manickam For RR - 4 to 6 : Mr.S.Balamurugan

O R D E R

[Order of the Court was made by P.R.SHIVAKUMAR] The alleged missing person Kalimuthu, aged about 34 years, along with his male children Shridharsan, aged about 8 years and Haridharsan, aged about 3 years is present before this Court. He states that because his wife had left him, due to humiliation, he went to Coimbatore along with the children to eke his livelihood; that since the children suffered health set back, he came down to his native place, whereupon he was informed by his parents regarding the filing of the Habeas Corpus Petition and that thus, he is before this Court along with the children and his mother, Suruliammal, the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/ 2.The said statement of Kalidass makes it clear that he was not

abducted by anyone and he was not kept in custody, much less illegal custody by anyone. The Habeas Corpus Petition came to be filed with wild allegations against the private respondents. Accordingly, this Court comes to the conclusion that no case of abduction or illegal construction has been made out to issue a direction in the nature of a Writ of Habeas Corpus. Suffice to record the above said facts and dismiss the Petition. 3.Accordingly, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (AE) /TRUE COPY/ Sub Assistant Registrar mj To 1.The Superintendent of Police, Theni District, Theni.

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

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

+1 cc TO MR.BALAMURUGAN, ADVOCATE, SR NO:3449 JAM/GSV-AN/05.02.16/2P-5C H.C.P(MD)No.1779 of 2015 20.01.2016 https://hcservices.ecourts.gov.in/hcservices/