Thangayan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Thangayan ... Petitioner -vsState rep. by, 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Siruganur Police Station, Siruganur, Trichy District.

3.Suriya ... Respondents PRAYER: Petition 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 person or body of the detenue by name, Asha, daughter of the petitioner (Thangayan), aged about 20 years old before this Court and set her at liberty.

For Petitioner : Mr.M.Rajaguru For R1 & R2 : Mr.S.Ravi Standing Counsel for Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] Heard Mr.M.Rajaguru, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Standing Counsel appearing for the State and perused the materials available on record.

2. The petitioner has come forward with this habeas corpus petition for a direction to the respondents 1 & 2 to produce his daughter, by name, Asha, aged about 20 years before this Court and set her at liberty.

3. The petitioner would state that he is a driver by profession 1/3

and he is blessed with 4 daughters and a son. The detenue is his third daughter and after completing DECE she was working at a private company in Siruganur. He also stated that the detenue was staying at hostel at Konalai. On 27.04.2021 she went to attend her job, but she did not return back to hostel on 28.04.2021. Hence, he lodged a complaint with the second respondent on 05.05.2021 and the same was registered in Cr.No.276 of 2021 as 'Woman Missing'. Thereafter, he has approached the second respondent periodically, but there was not progress in the complaint and he made complaint to the first respondent on 12.05.2021 even then there was no fruitful result. Hence, the present habeas corpus petition has been filed.

4. When the matter is taken up for hearing today, the petitioner and the detenue appeared before this Court through Video Conferencing from the Public Prosecutor Office. The detenue would state that she is willing to go with her father, the petitioner herein and the same is accepted by him.

5. In the light of the above statement, the habeas corpus petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Trichy District, Trichy.

2/3

2.The Inspector of Police, Siruganur Police Station, Siruganur, Trichy District.

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

02.06.2021 CN(16.06.2021) 3P 4C 3/3