K.Pandiammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1501 of 2016 K.Pandiammal : Petitioner Vs.

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

2.The Inspector of Police, Sindupatty Police Station, Madurai District.

3.Kadhirpandi : Respondents PRAYER: Petition is 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 body or person of the detenu, namely, Aadhisivan, S/o.Karuppu, aged 21 years, before this Court and set him at liberty.

For Petitioner : Mr.V.Manikandan For Respondent Nos.1 &2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, namely, Aadhisivan, S/o.Karuppu, aged 21 years, before this Court and set him at liberty.

2. According to the petitioner, the detenu completed Mechanical Engineering and he was searching for employment. In this regard, the detenu met the third respondent and on the assurance that he would secure employment for him, the detenu gave a sum of Rs.70,000/- to the third respondent, by obtaining loan. After receiving the amount, the third respondent did not make any arrangements to secure the job. The detenu asked the third respondent to repay the said amount. Thereafter, on https://hcservices.ecourts.gov.in/hcservices/

23.08.2016, the detenu went in a Pulsar Bike, bearing Registration No.TN-58-A-W0176. However, he did not return back home. In this regard, the petitioner lodged a complaint before the second respondent police, upon which a case in Crime No.198 of 2016, was registered for man missing. Since no action was taken to secure the detenu, the mother of the detenu has come up with this Habeas Corpus Petition for the relief stated earlier.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu before this Court. On enquiry, the detenu stated that he left the home on his own volition and after sometime, he returned back home. The detenu further stated that he is residing along with his mother and he is not in illegal custody. On enquiry, the mother of the detenu also confirmed the same.

4. In view of the above, this Court is of the view that there is no need to pass any orders to proceed further in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Deputy Registrar(Accounts) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Sindupatty Police Station, Madurai District.

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

+1cc to Mr.V.Manikandan, Advocate in SR No.80232 ORDER MADE IN H.C.P.[MD].No.1501 of 2016 08.12.2016 nb anr/ck/23.12.2016/2p/5c https://hcservices.ecourts.gov.in/hcservices/