Pushpam v. The Superintendent Of Police

H.C.P.(MD) No.1128 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.1128 of 2021 Pushpam

...Petitioner /Daughter of the detenu

-vs1.State represented by The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Madhagupatti Police Station, Madhagupatti, Sivagangai District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, by name, Malayandi, father of the petitioner (Pushpam), aged about 68 years old, before this Court and set him at liberty. For Petitioner :Mr.P.Santhana Krishnan For Respondents :Mr.S.Ravi Addl.Public Prosecutor

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's father, by name Malayandi, aged about 68 years, found missing for the past two years, the petitioner has lodged a complaint before the second respondent police. Since no action has been taken by the second respondent to secure the detenu, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.S.Ravi, the learned Additional Public Prosecutor appearing for the State, on instructions, would submit that the detenu / father of the petitioner, earlier, in the year 2007, borrowed money from the villagers and absconded and on the complaint given by the petitioner, he was secured and handed over to the petitioner. Once again, the detenue borrowed a sum of Rs.8,00,000/- from the neighbouring land owners, on the promise of selling his land, but he failed to do so, subsequently, he found missing, they are continuing the investigation and taking steps to secure the detenu. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1128 of 2021

3. Considering the above facts, the second respondent police is directed to proceed with the investigation, secure the detenu and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders, regarding the custody of the detenu, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (Per.Admn) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Madhagupatti Police Station, Madhagupatti, Sivagangai District.

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

ORDER MADE IN H.C.P.(MD) No.1128 of 2021 21.10.2021 PK(CO) GC/UV(08.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2