Madras High CourtHCP(MD)/209/2016dismissed

C. Anjutha v. The Superintendent Of Police

2016-09-15Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.209 of 2016 C.Anjutha : Petitioner Vs.

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

2.The Inspector of Police, Thiruppanandal Police Station, Thanjavur District.

3.Perumal 4.The Inspector of Police, Kattumannarkoil Police Station, Kattumannarkoil, Cuddalore District.

(Crime No.32/2016).

[R-4impleaded as per the order of this Court dated 21.04.2016 made in Crl.M.P.(MD)No.3433/2016] : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the first and second respondents to secure the detenu and produce the body or person of the petitioner's mother, the detenu, viz., Mythili, W/o.Chandrahasan, aged 40 years before this Court illegally detained by the third respondent and set her at liberty.

For Petitioner : Mr.M.Karunanithi For Respondents 1,2&4 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) https://hcservices.ecourts.gov.in/hcservices/ The petitioner is the daughter of one Mythili, W/o.Chandrahasan, aged 40 years. According to the petitioner, the

detenu has been found missing from 25.01.2016.

2. Today, when the matter was taken up, Mr.M.Karunanithi, the learned counsel for the petitioner would submit that during the course of investigation, it has been found that a dead body has been identified to be that of the detenu. He would further state that the superimposition examination conducted has confirmed the same. However, DNA report is awaited. At any rate, since the investigation is in progress and since prima facie, it has been proved that the dead body was that of the detenu, no further direction, as prayed for, could be given. Accordingly, the Habeas Corpus Petition is dismissed, however, with the observation that the investigation shall go on.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar SML To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruppanandal Police Station, Thanjavur District.

3.The Inspector of Police, Kattumannarkoil Police Station, Kattumannarkoil, Cuddalore District.

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

CSL/PV/23.9.16-2p-5c Order made in H.C.P.(MD) No.209 of 2016 Dated:15.09.2016 https://hcservices.ecourts.gov.in/hcservices/