Thangapandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1472 of 2017 Thangapandian : Petitioner Vs.

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

2. The Inspector of Police, Malli Police Station, Malli, Sivakasi, Virudhunagar.

3. Veluchamy

4. The Manager, SVM Mill, Karumathanpatti, Coimbatore.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the the petitioner's son namely, T.Arunpandian, either in person or body before this Court and thereupon set them at liberty from the illegal detention of the respondents 3 and 4 forthwith.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor For Respondent Nos.3&4: No Appearance

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, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, namely, T.Arunpandian, before this Court and thereupon set https://hcservices.ecourts.gov.in/hcservices/

him at liberty from the illegal detention of the respondents 3 and 4 forthwith.

2. According to the petitioner, his son was missing from 21.08.2017, onwards. In this regard, the petitioner made a complaint before the third respondent. Since there were no effective steps taken by the third respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu. When we enquired the detenu, he has stated that he is aged about 19 years and since there was some misunderstanding between him and his father, the detenu went out of the home, on his own accord. He has further stated that he is not in illegal custody. He has also stated that now he is willing to go along with the petitioner.

4. In view of the above, since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Malli Police Station, Malli, Sivakasi, Virudhunagar.

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

ORDER MADE IN H.C.P.[MD].No.1472 of 2017 23.10.2017 NB SDS/KK/SAR 1/02.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/