Karuppasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Karuppasamy ... Petitioner -vs1.The State of Tamil Nadu rep.by the Superintendent of Police Thoothukudi District Thoothukudi 2.The Inspector of Police Sipcot Police Station Thoothukudi Thoothukudi District ... Respondents (FIR No.100/2023) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent herein to produce the body or corpus of petitioner's father detenue viz., Karuppasamy (Age 92), son of Vellaiyan, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.P.M.Vishnuvarthan For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his father, namely, Karuppasamy, aged about 92 years, produce him before this Court and set him at liberty.

2. It is the case of the petitioner that his father is missing from 29.04.2023 and though he searched for him, he was not unable to find out his father. Hence, he lodged a complaint before the respondent - Police and based on which a case in Crime No.100 of 2023 came to be registered on 02.05.2023 for man missing. However, no effective steps were taken by the respondent - Police thereafter to find out the whereabouts of the petitioner's father. Hence, the petitioner has filed this habeas corpus petition.

3. Today, the second respondent has filed a status report, dated 12.04.2024 indicating the steps that are taken by them sofar to trace the detenu.

4. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that steps are being taken to find out the whereabouts of the detenue and as and when the whereabouts of the detenu is found, it would be intimated to the petitioner.

5. Recording the above submission of the learned Additional Public Prosecutor, the habeas corpus petition is closed with a direction to the respondent - Police to continue with the investigation in accordance with law and as and when the detenu is secured or his whereabouts is identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 12.06.2024 NCC :

Yes / No Index :

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Yes / No krk

To:

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

2.The Inspector of Police, Sipcot Police Station, Thoothukudi, Thoothukudi District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 12.06.2024