Sundararajan Vijayaramalingam v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sundararajan Vijayaramalingam ... Petitioner -vs1.The Commissioner of Police, Madurai City, Office of the Commissioner of Police, Alagar Kovil Road, Madurai-625 020.
2.Inspector of Police, C5, Police Station, Karimedu Melaponnagaram, Madurai-625 010.
3.S.Shanthi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the body or person of petitioner's son V.Hariharan, S/o.Vijayaramalingam, aged about 29 years before this Court and set him at liberty.
For Petitioner : Party-in-Person For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the father of the detenu seeking to produce the alleged detenu namely V.Hariharan, S/o.Vijayaramalingam before this Court and set him at liberty.
2. The case of the petitioner (Party-in-Person) is that the alleged missing person Hariharan, aged about 29 years is his son. The petitioner separated from his wife in the year 2007 due to misunderstanding and as per his son's wish he was living with the petitioner while he was schooling in SBI Higher Secondary School, Madurai and during the year 2009 the petitioner went at Sabari Mala and when he had returned back from Sabari Mala, he received the last phone call from his son that he is going to see his mother and he will be back
within 2 or 3 days. Thereafter, his son did not return back to home due to brainwashing by his wife. Nobody was take care of him and that he is also having some illness and he was not able to contact his son. He has filed the present habeas corpus petition fearing that his son might have been missing.
3. When the matter was taken up for hearing on 22.07.2024 the learned Additional Public Prosecutor appearing for the respondents took time to get instructions from the respondents 1 & 2. Pursuant to the same, the second respondent had produced the missing person Hariharan, S/o.Sundararajan Vijayaramalingam before this Court today. We enquired him. He submitted that the petitioner is his father and that due to matrimonial dispute, his mother got separated from his father and thereafter, a divorce was granted to his mother in H.M.O.P.No.977 of 2017 and that he is living with his mother and he is not illegally detained by anybody and he is never gone missing and he is ready to contact his father and also share his mobile number.
4. Recording the same finding that the missing person is not under illegal detention of anybody, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 24.07.2024 Index : Yes / No Internet : Yes / No am To:
1.The Commissioner of Police, Madurai City, Office of the Commissioner of Police, Alagar Kovil Road, Madurai-625 020.
2.Inspector of Police, C5, Police Station, Karimedu Melaponnagaram, Madurai-625 010.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
am 24.07.2024