M.Periasamy, M/70, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.117 of 2017 M.Periasamy : Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Thiruchitrampalam, Oraththanadu Police Station, Oraththanadu Taluk, Thanjavur District.

3.The Sub-Inspector of Police, Pappanadu Police Station, Oraththanadu Taluk, Thanjavur District.

4.Mrs.Sathiavani 5.Mr.Adhidravidar 6.Mrs.Punithavalli Adhidravidar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body of the detenu, the petitioner's son namely Muthukumar, aged about 43 years, now illegally detained by the respondents 4 to 6 before this Court and set him at liberty. For Petitioner : Mr.Y.Krishnan For Respondents 1to3 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the father of the detenu viz., Muthukumar, aged about 43 years, stating that his son was found missing from 15.12.2016 onwards. Since his whereabouts was not known, the petitioner lodged a complaint before the second respondent on 21.12.2016. However, the https://hcservices.ecourts.gov.in/hcservices/

second respondent has not taken any steps to trace out the detenu. Thereafter, again, he made another complaint dated 17.01.2017 to the respondents 1 to 3 stating that his son was under the illegal custody of respondents 4 to 6. Since, according to the petitioner, no effective action was taken to secure the detenu so far, he has come up with the present petition.

2. Today when the matter was taken up for consideration, the respondent police produced the detenu before this Court. When we enquired the detenu, he told us that due to personal problem, on his own accord, he left his house and he is not in illegal custody of anybody.

3. In view of the above stated position, we find that there is no illegal detention. Therefore, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of Superintendent of Police, Thanjavur, Thanjavur District.

2. The Inspector of Police, Thiruchitrampalam, Oraththanadu Police Station, Oraththanadu Taluk, Thanjavur District.

3. The Sub-Inspector of Police, Pappanadu Police Station, Oraththanadu Taluk, Thanjavur District.

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

Order made in H.C.P.[MD].No.117 of 2017 Dated: 14.02.2017 SML MS-MR/24.2.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/