Maheswari v. The Superintendent Of Police

H.C.P.(MD).No.1086 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.1086 of 2021 Maheswari ... Petitioner/Mother of the detenue -vs1. The Superintendent of Police, Trichy District, Trichy.

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

3. The Inspector of Police, Thuraiyur Police Station, Thuraiyur, Trichy 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 to produce the body or person of the detenu namely Manojkumar, S/o.Late Baskaran, aged about 35 years, before this Court and set his at liberty.

For Petitioner : Mr.K.Arunraj For R1 to R3 : 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 Manojkumar, aged about 35 years, is found missing from 26.07.2021, the petitioner has lodged a complaint before the second respondent police. 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 was arrested by the Thanjavur https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD).No.1086 of 2021 Tamil University Police Station, in connection with the Crime No.572 of 2021, for the offence under Section 392 of I.P.C., and remanded to judicial custody and detained in Sub Jail, Thanjavur.

3. Considering the fact that the detenu was already arrested and remanded to judicial custody, we find that there is no illegal detention as alleged by the petitioner. Hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Trichy District, Trichy.

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

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

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

H.C.P.(MD) No.1086 of 2021 05.08.2021 GC (17.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2