Raghunathan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.382 of 2025 Raghunathan ... Petitioner/ Brother of the detenu -VsState of Tamil Nadu Rep. by 1.The Commissioner of Police, Trichy City, Trichy.
2.The Assistant Commissioner of Police, Trichy City, Trichy.
3.The Inspector of Police, Srirangam Police Station, Trichy City.
.. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to secure and produce the body or person of the detenue namely, Sridhar, son of Krishnamoorthi, aged about 61 years before this Court and set him at liberty.
For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.B.Nambi Selvam Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents to produce the person or body of the detenue/petitioner's brother namely, Sridhar, son of Krishnamoorthi, aged about 61 years before this Court and set him at liberty.
2. The case of the petitioner is that the missing person, who is the petitioner's brother namely, Sridhar, aged 61 years, is a mentally challenged person suffering from mental illness with 80% disability and he was found missing on 11.10.2024. The petitioner along with the help of the family members and friends have searched for his brother and he was not found anywhere. Thereafter, the petitioner's father had lodged a complaint before the third respondent to find out the whereabouts of the petitioner's brother and the same was registered in CSR No.453 of 2024. The petitioner has also made paper publication in 'Dinamalar' on 17.11.2024 regarding missing of his brother. Since
no action has been taken by the respondents, the petitioner has come up before this Court with this Habeas Corpus Petition.
3. Today status report has been filed by the respondents.
4. The learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner's father initial enquiry was conducted in CSR.No.453 of 2024. Subsequently a case has been registered in Crime No.545 of 2025 dated 17.06.2025 for 'man missing'. The first respondent had conducted search at various places and during the enquiry conducted by Singaravadivel, SSI, it has come to light that the petitioner's brother was found loitering around Trichy Mela Chinthamani, Keelachinthamani, Chathiram bus stand, Karur Bye Pass Road, Thilai Nagar and Kottai Railway Station etc., The respondent police have also circulated notice at various places. The third respondent is continuing with the investigation and he would submit that they are continuously searching for the missing person.
5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed before this Court.
6. Taking into consideration of the status report filed by the third respondent, this Court dispose this Habeas Corpus Petition with a direction to the third respondent to continue the investigation to find out the whereabouts of the missing person and the second respondent shall monitor the investigation periodically.
[A.D.J.C., J.] & [R.P., J.] 28.07.2025 NCC:Yes/No Index:Yes/No NCC: Yes/No PJL To 1.The Chairperson, District Child Welfare Committee, Collectorate Campus, Theni.
2. The Dean, Theni Medical College and Government Hospital, Theni.
3. The President, Government Reception Home, No.16, Shanthi Nagar, Chinnathirupathi, Salem.
4. The Inspector of Police, Kadamalaikundu Police Station, Theni District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
PJL H.C.P(MD)No.382 of 2025 28.07.2025