Balasubramanian v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Balasubramanian ... Petitioner/ Father of the Detenu vs.

1. The Deputy Inspector General of Police, Trichy Zone, Trichy.

2. The Superintendent of Police, Karur District, Karur.

3. The Deputy Superintendent of Police, Kulithalai Zone, Kulithalai, Karur District.

4. The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

5. The Inspector of Police, All Women's Police Station, Kulithalai, Karur District.

6. Sujatha W/o. Late. Shanmugam

7. Ganesan S/o. Mariyappan

8. Gopal S/o. Mahamuni

9. Suganya W/o. Sakthivel ... 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 to 5 to secure the detenu and produce the person or body of the detenu, viz., B.Rathinagiri, S/o.Balasubramanian aged about 25 years before this Court and set him at liberty who detained by the respondents 6 to 9.

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For Petitioner :

M/s.Prabha For Mr.S.Gokulraj For Respondents :

Mr.T.Senthil Kumar Standing Counsel for State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN,J.) Alleging that the petitioner's son by name B.Rathinagiri, aged about 25 years, was found missing from 30.07.2021 and suspecting that the respondents 6 to 8 illegally detained him for the purpose of getting the daughter married to him, the petitioner has given a complaint before the first respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.T.Senthil Kumar, learned Standing Counsel appearing for the State, on instructions would submit that the petitioner's son viz., B.Rathinagiri has eloped with the daughter of the sixth respondent and the earlier investigation reveals that initially they were at Tiruppur and now they are said to have migrated to Mysore and they are conducting investigation.

3. Considering the above submission, the respondents 4 and 5 are directed to conduct the investigation and secure the detenu and produce before the jurisdictional Magistrate. On such production, the jurisdictional 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ebsi/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.

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To

1. The Deputy Inspector General of Police, Trichy Zone, Trichy.

2. The Superintendent of Police, Karur District, Karur.

3. The Deputy Superintendent of Police, Kulithalai Zone, Kulithalai, Karur District.

4. The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

5. The Inspector of Police, All Women's Police Station, Kulithalai, Karur District.

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

27.08.2021 RK (08.09.2021) 3P 7C 3/3