K.Rukmani, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.1821 of 2017 K.Rukmani : Petitioner Vs.

1. The Commissioner of Police, Madurai City,

2. The Inspector of Police, E-2, Mathichayam Police Station, Madurai City,

3. The Commissioner, Madurai Corporation, (R3 impleaded suo motu as per order of this Court made in HCP(MD)No.1821/17,dated21.12.2017) : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 2 herein to produce person or body of the detenu namely R.Jeyasuriya son of R.Ramakrishnan aged about 14 years and hand over custody to the petitioner. For Petitioner : No Appearance For R1 to R3 : Mr.C.Ramesh Additional Public Prosecutor

ORDER

********* [Order of the Court was made by S.VIMALA, J] The petitioner, who is the mother of the detenue, has moved this petition for a direction to the Respondent Nos.1 to 3 to produce his son, namely, Jeyasuriya, aged about 14 years, before this Court and set him at liberty.

2.According to the petitioner, she has two sons and the younger son, namely, Jeyasuriya, aged about 14 years is found missing from 07.12.2017, when he went along with one Gokulakrishnan to Vaigai River for taking selfie. But, thereafter, his whereabouts was not known. Having searched at several places, the petitioner preferred a complaint to the respondent police and since her son was not traced out, she is before this Court with this petition.

3. It is brought to the notice of this Court by the learned Additional Public Prosecutor that the river-bed had been found in the stage of erosion and the boys, who have fallen into the river, could have drowned and since he could not be traced out, the petitioner/mother of the detenu preferred a complaint and the complaint has been registered in the Crime No.769 of 2017 under the caption of "boy missing".

4.A status report has been filed by the second respondent, wherein, it is stated that after preliminary investigation on the river-bed of Vaigai, an unidentified dead body was found, which was identified by the petitioner and accepted to be the body of the missing boy and it is stated that final rites have been performed.

5.Under such circumstances, since nothing survives for adjudication, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, 2.The Inspector of Police, E-2, Mathichayam Police Station, Madurai City, 3.The Commissioner, Madurai Corporation,

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Rmi/RR AE/SKN RSK/SAR2/08.02.2018/3P/5C ORDER MADE IN HCP .[MD].No.1821 of 2017 25.01.2018