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Madras High CourtHCP(MD)/581/2017closed

Pathu Ayeesha v. The Superintendent Of Police

2018-08-06Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.581 of 2017 Pathu Ayeesha ... Petitioner Vs.

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

2. The Inspector of Police, Tiruchendur Police Station, Tuticorin District.

(In Crime No.23/2017)

3. Khaffar Khan ... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of Constitution of India, to issue a Writ of Habeas Corpus directing the first respondent to produce the body or person of the detenu, petitioner's son, A.Syed Abudhahir, son of Akbar Ali, aged 15 years, before this Court and set him at liberty. For Petitioner : Mr.B.N.Rajamohamed For R1 and R2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking production of her son, who is stated to be missing, the present Habeas Corpus Petition has been filed by the petitioner, who is the mother.

2. We have perused the status report filed by the Inspector of Police, C.B.C.I.D., Thoothukudi. The respondents 1 and 2 made all endeavours to trace out the detenu. We have not dealt with the case of illegal detention. It appears that the detenu has escaped https://hcservices.ecourts.gov.in/hcservices/

from Matharasa.

3. In such view of the matter, we are not inclined to keep the Habeas Corpus Petition any longer. However, this will not preclude the respondents 1 and 2 to proceed further to secure the detenu. Accordingly, the Habeas Corpus Petition stands closed. However, liberty is given to the petitioner to approach the Court at a later point of time.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-) To

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

2. The Inspector of Police, Tiruchendur Police Station, Tuticorin District.

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

AKV TE/RSK/SAR-4 : 31/08/2018 : 2P/4C H.C.P.(MD)No.581 of 2017 06.08.2018 https://hcservices.ecourts.gov.in/hcservices/