M.Rakku v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1115 of 2021 M.Rakku ... Petitioner/mother of the detenu -vs1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Inspector of Police, Ottanchathiram Police Station, Dindigul, Dindigul District.
... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's son Thangaraj, aged about 36 years, daughter-in-law Suganya, aged about 32 years and minor Children Santhosh, aged about 4 years and Nesaneelavan, aged about 13 years before this Court and set them at liberty.
For Petitioner :Mr.P.Balasubramanian For Respondents :Mr.S.Ravi, Standing Counsel for the State
O R D E R
(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's son Thangaraj, aged about 36 years, daughter-in-law Suganya, aged about 32 years and minor Children Santhosh, aged about 4 years and Nesaneelavan, aged about 13 years, were found missing from 18.07.2021, she has made a representation to the respondents 1 and 2. But, so far no action has been taken by the respondents to secure the detenus.
2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that the petitioner's son Thangaraj is a habitual 1/3
offender and involved in many crimes and he was arrested and remanded to judicial custody by the third respondent police in connection with the cases in Crime Nos.183, 252 and 387 of 2021. So far as his wife and minor children are concerned, they left with the brother of Suganya to her parental home at Thiruppachethi.
3. In view of the submissions of the learned Standing Counsel appearing for the State that the first detenue was remanded to judicial custody and the other detenus are safely in their parental home, there is no illegal detention as alleged by the petitioner. Hence, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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.
2.The Commissioner of Police, Madurai City, Madurai.
3.The Inspector of Police, Ottanchathiram Police Station, Dindigul, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1115 of 2021 09.08.2021 NS(CO) KB(17.08.2021) 2P 5C 2/3
3/3