T.Thannasi v. The Superintendent Of Police

H.C.P.[MD]No.1023 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.[MD]No.1023 of 2022 T.Thannasi : Petitioner/Father of detenu Vs.

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

2.The Inspector of Police, Lalgudi Police Station, Trichy District.

3.S.Rajkumar : Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the person or body of the detenu namely Theenadhayalan S/o.Thannasi (aged about 20 years) before this Court, who is under the illegal custody of the third respondent and her henchmen and set him at liberty. For Petitioner : Mr.R.Srinivasan For Respondents 1&2 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.HEMALATHA, J.] It is the case of the petitioner that his son Theenadhayalan aged about 20 years went missing from 05.09.2021 and that the police are not taking effective steps to secure him. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer. 2.Heard Mr.R.Srinivasan, learned Counsel appearing for the petitioner and Mr.T.Senthil Kumar, learned Additional Public Prosecutor who accepts notice on behalf of the respondents 1 & 2. 3.Today, Ms.K.Anitha [Mobile No.9498158637] Head Constable 1055, Lalgudi Police Station, Trichy District, is present before this Court.

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H.C.P.[MD]No.1023 of 2022 4.On instructions, learned Additional Public Prosecutor submitted that the petitioner's son Theenadhayalan has eloped with a lady by name Sangeetha, daughter of the third respondent, aged older than him. It appears that even the third respondent has not given any complaint for the missing of his daughter Sangeetha. 5.In such view of the matter, we direct the petitioner to go in person to the second respondent police station and lodge a written complaint. On such complaint being lodged, the second respondent police is directed to register the regular FIR for 'man missing' and once Theenadhayalan is secured, he may be produced before the Judicial Magistrate, Lalgudi, Trichy District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

6.Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // /07/2022 Sub Assistant Registrar(CS) MR To 1.The Judicial Magistrate, Lalgudi, Trichy District.

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

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R. SRINIVASAN, Advocate ( SR-27912[F] dated 24/06/2022 ) ORDER MADE IN H.C.P.[MD]No.1023 of 2022 24.06.2022 SB(CO) GC(07.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2