S.Johnson v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Johnson ... Petitioner -vs1.The Superintendent of Police Kanniyakumari District at Nagercoil 2.The Inspector of Police Kaliyakkavilai Police Station Kanniyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's son, namely, Jebin Jose, son of Johnson, aged about 33 years and produce him before this Court and set him at liberty. For Petitioner :

Mr.G.Aravinthan For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his son, namely, Jebin Jose, aged about 33 years, produce him before this Court and set him at liberty.

2. Today, when the matter is taken up for hearing, learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the petitioner is the father of the detenu and based on the complaint given by him, a case in Crime No.148 of 2024 was registered by the respondent - Police under the caption "Man Missing" and during investigation it came to light that the detenu is a mentally challenged person and on 17.05.2024, the petitioner had taken the detenu for treatment in Thiruvandrum and returned back to home on 18.05.2024 and his son is missing from the early hours of 19.05.2024. Further, he would submit that steps are being taken to find out the whereabouts of the detenu and as and when the whereabouts of the detenu are found, it would be intimated to the petitioner.

3. Recording the above submission of the learned Additional Public Prosecutor, the habeas corpus petition is closed with a direction to the respondent - Police to continue with the investigation in accordance with law and as and when the detenu is secured or his whereabouts are identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 10.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Kanniyakumari District, at Nagercoil.

2.The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 10.06.2024