P.Sundari, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA H.C.P.(MD)No.1360 of 2017 P.Sundari : Petitioner Vs.

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

2. The Inspector of Police, Sathankulam Police Station, Tirunelveli District 3.Selvan @ Tamil Selvan 4.Rajkumar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the detenu namely, P.Selvaraj aged 20 years, S/o.Pandi from the illegal custody of the 3rd and 4th respondent before this Court and set him at liberty.

For Petitioner : Mr.J.David Ganesan For Respondents : Mr.A.Ramar for R1 and R2 Additional Public Prosecutor Mr.R.Prakash for R3 & R4

ORDER

****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the mother of the detenu, viz., Selvaraj, aged 20 years. The third respondent is the owner of a rice shop at Kalappanayakanpatti, Namakkal District. The detenu went to Namakkal District and was working under the 3rd and 4th respondents and receiving a sum of Rs.8,000/- as salary. While so, suddenly, the detenu went missing from the said shop on 26.07.2017. When the petitioner came to know the detenu was missing from the shop, she https://hcservices.ecourts.gov.in/hcservices/

sent representation to the 2nd respondent on 27.07.2017. Since, no action has been taken by the 2nd respondent, the petitioner sent a representation to the 1st respondent on 17.08.2017. However, the whereabouts of the detenu was not known and since no effective steps were taken by the respondents 1 and 2, the petitioner is before this Court with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

3. Today, when the matter was taken up for hearing, the detenu was produced by the respondent police.

4. On enquiry, the detenu categorically stated that since the salary, which he was receiving is not sufficient to eke out his livelihood, on his own accord, he left the rice shop of the respondents 3 and 4 and went to Vellore and presently, he is working at Vellore. He has further stated that he is not in the illegal custody of any one and expressed his willingness to go along with the petitioner/mother.

5. In view of the willingness expressed by the detenu, nothing survives for adjudication in this petition. Accordingly, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Sathankulam Police Station, Tirunelveli District

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

+ 1 cc TO Mr.R.Prakash , Advocate in SR No. 83271 RR AE/SV MMS/SAR2/07.11.2017/2P/5C Order made in H.C.P.(MD)No.1360 of 2017 Dated: 24.10.2017 https://hcservices.ecourts.gov.in/hcservices/