Padma v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.VIJAYAKUMAR H.C.P.(MD)No.1051 of 2022 Padma .. Petitioner / Mother of the detenu Vs.

1.The Superintendent of Police Nagercoil, Kanyakumari District 2.The Inspector of Police, Nesamonynagar Police Station, Kanyakumari District .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to secure or produce the body or person of the detenue namely Vignesh, S/o.Padma aged about 26 years before this Court and set her at her liberty. For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.VIJAYAKUMAR, J.] It is the case of the petitioner that her son Vignesh aged 26 years went missing from 13.06.2022 and that police are not taking effective steps to secure him.

2. Today, Mr.K.T.David Robinson, Special Sub Inspector of Police, Nesamony Nagar Police Station is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Nesamony Nagar police Station Crime No.81/2022 has been registered for 'man missing' and during the course of investigation, it came to light that due to financial problem, Vignesh has gone in hiding. It is not the case of the petitioner that Vignesh is in the illegal custody of the respondents herein for issuance of a Writ of Habeas Corpus. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Nagercoil, to supervise the investigation

that is being conducted by the Inspector of Police, Nesamony Nagar Police Station Crime No.81/2022 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he may be produced before the Judicial Magistrate, No.II, Nagercoil, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody.

(P.N.P.,J.) (R.V.,J.) 01.07.2022 Internet : Yes RR To 1.The Judicial Magistrate, No.II Nagercoil.

2.The Superintendent of Police Kanyakumari District at Nagercoil.

3.The Deputy Superintendent of Police, Nagercoil, Kanyakumari District 4.The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.N.PRAKASH,J.

and R.VIJAYAKUMAR, J.

RR H.C.P.(MD)No.1051 of 2022 01.07.2022