Madras High CourtHCP(MD)/883/2016dismissed

S.Thayappan, v. The Commissioner Of Police,

2016-09-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No.883 of 2016 S.Thayappan .. Petitioner Vs.

1.The Commissioner of Police Tirunelveli District 2.The Inspector of Police Perumalpuram Police Station Tirunelveli District 3.M.Rengasamy 4.S.Muthuraj .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to secure the produce the person or body of the detenue, ie, the son of the petitioner namely Thalavai aged about 27 years from the illegal custody of the respondents 3 and 4 before this Court and set him at liberty. For Petitioner : M/s.H.Arumugam For Respondents : Mr.A.Ramar Addl.Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Mr.Thalavai, aged 27 years. According to the petitioner, he has been found missing from 06.12.2015 onwards. Since he has not been secured by the police, despite complaint, the petitioner has come up with this Habeas Corpus Petition.

2.Today, the Habeas Corpus Petition was today taken up as a special list, on being mentioned by the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/ Prosecutor.

3. When the matter was taken up by 12 noon, the learned

counsel for the petitioner appeared, the petitioner has also made his appearance. The detenu was produced by the 2nd respondent. He told us that out of fear for the creditors, he went to Thiruvannamalai, stayed there for sometime and then, stayed at Thiruppathi for sometime. He would further state that he has not been detained by anybody. Now, he is willing to go to his parental home.

4.In view of the above, nothing survives, as there is no illegal detention. The petition is, therefore, dismissed. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police Tirunelveli District 2.The Inspector of Police Perumalpuram Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.H.ARUMUGAM, Advocate, SR No.50711 ORDER MADE IN H.C.P(MD)No.883 of 2016 06.09.2016 RR SH/SKS-RR:20.09.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/