S. Muniyasamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN AND THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P.(MD)No.583 of 2016 S.Muniasamy : Petitioner Vs.
1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2. The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.
3. Nathiya : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's son namely Muneeskumar, aged about 20 years, before this Court and set him at liberty.
For Petitioner : Mr.V.Nagenthiran For Respondents : Mr.A.Ramar (R1 & R2) Additional Public Prosecutor For Detenu : Mr.Vadivel
ORDER
[Order of the Court was made by B.GOKULDAS, J.] This Habeas Corpus Petition has been filed by the petitioner, who is the father, to trace his son by name, Muneeskumar, aged about 20 years. He is an Engineering Student studying at Eswara Engineering College at Coimbatore in the final year. He has been found missing from 18.04.2016. Though a rigorous search was made by the petitioner, the same stood ended in vain, which resulted in lodging the complaint, dated 22.04.2016 with the 2nd respondent https://hcservices.ecourts.gov.in/hcservices/
Police. Since no action was taken thereon, he has filed this petition.
2.On notice, the detenu Muneeskumar himself appeared before this Court and his parents namely, S.Muniasamy and Lakshmi are also present before this Court and they identified the detenu as their son. On enquiry with the detenu, he informed this Court that he has not been detained by anybody and on his own volition he has gone to Thiruppur. On further enquiry, he submitted that he is not interested in accompanying his parents.
3. In view of the fact that the detenu, being a major, has gone out on his own and also taking into account the fact that he is not willing to go with his parents, this Court has no other option but to set the detenu at liberty to act as per his wish. Accordingly, the detenu at is at liberty to act according to his own desire. Now, the relief sought for has become infructuous.
4. With the above observation, this Habeas Corpus Petition is closed. No costs.
Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2. The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Mpk/ar JM/KBM/SAR-III/02.06.2016/2P-4C Order made in H.C.P.(MD)No.583 of 2016 Dated: 18.05.2016 https://hcservices.ecourts.gov.in/hcservices/