T.Chandra v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1029 of 2021 T.Chandra ... Petitioner/Mother of the detenu -vs1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Ambillikai Police Station, Dindigul District.

... Respondents PRAYER: 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 Petitioner's son namely, Marimuthu, aged about 40/21, son of Subbiah before this Court and set her at liberty.

For Petitioner :

Mr.T.Thirumurugan For Respondents :

Mr.S.Ravi Standing Counsel for the State

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the Habeas Corpus Petition is to direct the respondents 1 and 2 to produce the Petitioner's son namely, Marimuthu, son of Subbiah, aged about 40 years, before this Court and set him at liberty.

2.Heard Mr.T.Thirumurugan, learned counsel for the Petitioner and Mr.S.Ravi, learned Standing Counsel appearing for the respondents 1 and 2 and perused the materials placed before this Court.

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3.It is informed by the learned Standing Counsel appearing for the respondents 1 and 2 that the detenu has eloped with one ArulPriya. Her father Sakthivel had lodged a complaint and on that basis, a case in Crime No.369 of 2021 was registered on the file of Oddanchatram Police Station . It is represented that based on the complaint of the Petitioner, a case has now been registered at Ambillikkai Police Station in CSR No.26 of 2021 for missing of her son Arun Jayanth. The Police is now investigating both the cases. 4.Considering the representation of the learned Standing Counsel appearing for the respondents 1 and 2, we hereby direct the Deputy Superintendent of Police, Oddanchatram to transfer the investigation in C.S.R.No.

26 of 2021 from Ambillikai Police Station to Oddanchatram Police Station and both the cases shall be investigated by the Inspector of Police, Oddanchatram Police Station. The Investigating Officer shall take effective steps to secure the detenues at the earliest. The Deputy Superintendent of Police, Oddanchatram shall monitor the investigation and inform the progress to the Petitioner.

5.With the above observations, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Ambillikai Police Station, Dindigul District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-23827[F] dated 26/07/2021 ORDER MADE IN H.C.P.(MD) No.1029 of 2021 26.07.2021 TR(06.08.2021) 3P 5C 3/3