K. Alagu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)Nos.947 and 958 of 2016 K.Alagu .. Petitioner in H.C.P(MD).No.947 of 2016 Ananthan .. Petitioner in H.C.P(MD).No.958 of 2016 Vs.

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

2.The Inspector of Police, Kallal Police Station, Sivagangai.

.. Respondents in H.C.P(MD).No.947 of 2016 1.The Director General of Police, Mylapur, Chennai.

2.The Inspector of Police, Kallal Police Station, Sivagangai District.

3.Karuppiah 4.Lakshmi 5.Janaki 6.Kalaiselvi 7.Murugan : Respondents in H.C.P(MD).No.958 of 2016 PRAYER in H.C.P(MD).No.947 of 2016: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's wife, viz., Rajathi @ Muthulakshmi, aged 35 years, and three month son, viz., Harish, before this Court and set them at liberty.

PRAYER in H.C.P(MD).No.958 of 2016: Petition 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 person or body of the detenu, namely, Rajathi @ Muthulakshmi, daughter of Ananthan, aged 35 years and her male child namely, Harish, aged four months before this Court and set them at liberty.

H.C.P(MD).No.947 of 2016:

For petitioner : Mr.A.Mohammed Haneef For respondents 1&2 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor H.C.P(MD).No.958 of 2016:

For petitioner : Mr.K.Sathishkumar For Mr.P.T.Ramesh Raja For respondents 1&2 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor COMMON ORDER [Order of the Court was made by K.K.SASIDHARAN, J.] The Inspector of Police, Kallal Police Station, Sivagangai, filed a status report, indicating that the detenus were murdered by Jothi and Murugan, fearing that Rajaji @ Muthulakshmi would disclose their relationship. The dead bodies were found by the local people and pursuant to the intimation given by the Village Administrative Officer, police registered a case in Crime No.136 of 2016, under Section 302 of the Indian Penal Code. During the course of investigation, the accused, namely, Jothi and Murugan were arrested and they were produced before the jurisdictional Magistrate and thereafter, remanded to judicial custody.

2. In view of the subsequent events, as narrated in the status report filed by the Inspector of Police, Kallal Police Station, Sivagangai, nothing survives for adjudication in these Habeas Corpus Petitions.

3. The Investigating Officer is directed to complete the investigation as expeditiously as possible and file a final report before the jurisdictional Court.

4. The Habeas Corpus Petitions are closed with the above observation.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To:

1.The Director General of Police, Mylapur, Chennai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, Kallal Police Station, Sivagangai.

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

+1cc to M/s.P.M.Vishnu Varthanan, Advocate SR.No.44593 nb sm:SK-SKN:29/08/2016:3P/6c COMMON ORDER MADE IN H.C.P(MD)Nos.947 and 958 of 2016 16.08.2016