S.Saravanan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.482 of 2025 S.Saravanan ... Petitioner/ Brother of the detenue Vs.
1. The State of Tamilnadu, Rep. by the Superintendent of Police, Virudhunagar, Virudhunagar District.
2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
3. The Inspector of Police, Rajapalayam South, Virudhunagar District.
4. Santhiya
5. Selvakumar
6. Thirupathi
7. Vasantha
8. Thangaraj ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents No.1 and 3 to produce the petitioner's brother namely Jegatheesan, S/o.Srinivasan, (detenu) is aged about 50 years, either in person or body before this Court from the illegal detention of the 4th to 8th respondents and there upon set him at liberty. For Petitioner : Mr.J.Jeyakumaran For R1 to R3 : Mr.B.Nambi Selvan, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition is filed to direct the respondents No.1 and 3 to produce the petitioner's brother namely Jegatheesan, S/o.Srinivasan, (detenu) is aged about 50 years, either in person or body before this Court from the illegal detention of the 4th to 8th respondents and there upon set him at liberty. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3.The case of the petitioner is that his brother viz., Jegatheesan, aged about 50 years was missing from 24.11.2024 and suspecting foul play and alleging that his brother to be missing on account of the illegal relationship between his sister-in-law Santhiya, the fourth respondent and Shanmuga Kumar, the fifth respondent, the present Habeas Corpus Petition is filed. 4.Today status report has been file by the respondent police. 5.Mr.J.Jeyakumaran, learned counsel appearing for the petitioner submitted that the petitioner is the brother of the alleged missing person and the alleged missing person was married to the fourth respondent and that she was having an illegal affair with the fifth respondent and that the petitioner suspects some foul play in missing of his brother.
The respondent police are not properly investigating the case in that angle and apprehending danger to the life of the petitioner's brother, the present Habeas Corpus Petition is filed. 6.
jewellery shop owner. The learned Additional Public Prosecutor would further submit that the name of the fifth respondent has been wrongly stated as Selvakumar in the petition. CC TV footage reveals that the petitioner's brother has gone by walk from the home on the alleged date of missing and that instead of going to hotel which is on the right, he gone towards the left side and thereafter he was found missing. After missing of her husband, the fourth respondent has married the fifth respondent and the investigation is also going on. 7.In view of the above, the Habeas Corpus Petition stands disposed of with the direction to the second respondent, the Deputy Superintendent of Police, Rajapalayam to monitor the investigation in Crime No.549 of 2024. The respondent police shall take endeavour to find out the whereabouts of the missing person.
[A.D.J.C., J.] & [R.P., J.] 10.06.2025 NCC:Yes/No Index:Yes/No Ns
To
1. The Superintendent of Police, Virudhunagar, Virudhunagar District.
2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
3. The Inspector of Police, Rajapalayam South, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns H.C.P(MD)No.482 of 2025 10.06.2025