Madras High CourtHCP(MD)/989/2021dismissed

Thillaipazham v. The Superintendent Of Police

2021-08-17Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.989 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.989 of 2021 Thillaipazham ... Petitioner -vs1.The Superintendant of Police, Tirunelveli District,Tirunelveli.

2. The Assistant Superintendant of Police, Office of the Deputy Superintendant of Police, Valliyoor, Tirunelveli District.

3. The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.

4. R.Vijaya

5. Murugesan ... 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 1 to 3 to secure and produce the body or person of Petitioner's son namely Muthusatheesh, S/o.Thillaipazham, aged about 20 years and produce before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.S.Ravi (For R1 to R3) Standing counsel for the State (For R4) : Mr.S.Sukumar

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the 5th respondent kidnapped the petitioner's son, namely Muthusatheesh, aged about 20 years, for the purpose of getting married to his daughter Sivaranjini, the petitioner made a complaint before the 2nd respondent. Since no steps has been taken, the present Habeas Corpus Petition has been filed.

2. Earlier, on 14.07.2021, when the matter was taken up for hearing, the learned Standing counsel for the State submitted initial investigation reveals that the petitioner's son eloped with one Sivaranjini, who is the daughter of the 5th respondent and on his request, the matter was directed to be listed today for getting https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.989 of 2021 instructions.

3. Today, when the matter is taken up for hearing, the learned Standing Counsel for the State, on instructions, would submit that the investigation reveals that the missing boy has eloped with the said Sivaranjani, and now they are staying with the 5th respondent, who is the father of the 5th respondent, at Bombay.

4. Recording the submissions made by the learned Standing Counsel for the State that the detenu is not under illegal custody of the 5th respondent, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk/ebsi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendant of Police, Tirunelveli District, Tirunelveli.

2. The Assistant Superintendant of Police, Office of the Deputy Superintendant of Police, Valliyoor, Tirunelveli District.

3. The Inspector of Police, Koodankulam Police Station, Koodankulam,Tirunelveli District.

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

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-26580[F] dated 17/08/2021 ) +1 CC to M/s.S.SUKUMAR, Advocate ( SR-26718[F] dated 19/08/2021 ) H.C.P.(MD) No.989 of 2021 17.08.2021 RD(25.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2