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Madras High CourtHCP(MD)/1080/2021closed

Dhayalan v. The Deputy Superintendent Of Police

2021-08-05Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD).No.1080 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1080 of 2021 Dhayalan ... Petitioner/Father of the detenue -vs1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Salai Gramam Police Station, Sivagangai District.

3.Arokkiya Samy ... 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 detenu namely Sanjeev Kumar, S/o. Dhayalan, aged about 20 years, who is the son of the petitioner before this Court and consequently to set the detenu at liberty.

For Petitioner :

Mr.M.S.Jeyakarthik For R1 & R2 :

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 by name Sanjeev Kumar, aged about 20 years, is found missing from 16.07.2021, the petitioner has lodged a complaint before the second respondent police suspecting that he eloped with the third respondent's daughter. But, so far no action has been taken by the respondent police to secure the detenu. Hence, the present Habeas Corpus Petition.

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 married the daughter of the third respondent and both of them appeared before the All Women Police Station, Sivagangai, seeking protection and thereafter, an enquiry was also conducted in which the petitioner also appeared. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD).No.1080 of 2021

3. Considering the above facts, we find that there is no illegal detention as alleged by the petitioner. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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 Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Salai Gramam Police Station, Sivagangai District.

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

+1 CC to M/s.M.S.JEYAKARTHICK, Advocate ( SR-25292[F] dated 05/08/2021 ) H.C.P.(MD) No.1080 of 2021 05.08.2021 RK (12.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2