Madras High CourtHCP(MD)/522/2022dismissed

S.Natarajan v. The Superintendent Of Police

2022-04-28Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.522 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.522 of 2022 S.Natarajan ... Petitioner/Father of the Detenue -Vs1.The Superintendent of Police, District Police Office, Madurai District.

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the person or body of the petitioner's son by name Dhineshkumar, aged about 32 years before this Court and set him at liberty.

For Petitioner : Mr.M.Maran For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of his son, namely, Dhineshkumar, S/o.S.Natarajan, aged about 32 years.

According to the petitioner, his son went missing on 16.12.2021 and despite his complaint, the respondent police have not taken any steps to trace him. Hence, this Habeas Corpus Petition is filed. 2.Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the respondents, upon instructions, would submit that the detenue is now living in Hosur and he has made several calls to his wife on 04.04.2022. The call records have been produced before this Court.

3.We find that the detenue has called his wife atleast six times on the said date. The wife of the detenue had also given a statement, stating that she has been talking to him and he has told https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.522 of 2022 her he is in Hosur. The wife has actually withdrawn the complaint lodged by her with the police.

4.In view of the above, we do not think that there is any illegal custody. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CS.III) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, District Police Office, Madurai District.

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

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

+1 CC to M/s.M.MARAN, Advocate ( SR-22042[F] dated 28/04/2022 ) H.C.P.(MD)No.522 of 2022 Date:28.04.2022 SA(16.05.2022) 3P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2