Madras High CourtHCP(MD)/1548/2018closed

K.Aathimuthu, S/O.Koilpitchai, v. The Superintendent Of Police,

2018-11-14Honourable Mr Justice R.Subbiah,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI H.C.P.(MD)No.1548 of 2018 K.Aathimuthu : Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District 2.The Inspector of Police, Pudukottai Police Station, Thoothukudi District 3.Saranya 4.Meena : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the body or person of the detenu, viz., his son Rajakumar, 22 years, now in the illegal custody of respondent No.3 and 4 before this Court and set him at liberty. For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.V.Neelakandan for R1 to R3 Additional Public Prosecutor Mr.A.Thiruvadikumar for R4 Mr.A.S.Vaigunth for detenu

ORDER

[Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce his son, namely, Rajakumar, aged about 22 years.

2. It is the case of the petitioner that the detenu is the adopted son, now, aged 22 years. It is stated that the detenu went missing from 30.09.2018. Since his whereabouts are not known, a complaint came to be lodged with the respondent police on 23.10.2018. Since no effective steps were taken, the petitioner is before this Court with this petition.

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3.Today, when the matter is taken up for hearing, the detenu has been produced by the respondent police. On enquiry, he has stated that he is presently staying at Tirupur and he is not in the illegal custody of anyone. The detenu expressed his willingness to go along with the petitioner/father.

4 In view of the said submission made by the detenu, we are of the view that nothing survives for adjudication in this petition. Accordingly, this petition is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Thoothukudi District 2.The Inspector of Police, Pudukottai Police Station, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.I.Robert Chandrakumar, Advocate, SR.No.95564 Order made in H.C.P.(MD)No.1548 of 2018 14.11.2018 RR ES/SKN/RSK/SAR 1/10.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/