Madras High CourtHCP(MD)/615/2019disposed of

Mariyayi v. The Superintendent Of Police

2019-09-05Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice N. Anand Venkatesh2 pages

H.C.P(MD)No. 615 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE N.ANAND VENKATESH H.C.P(MD)No. 615 of 2019 K. Mariyayi

...Petitioner

Vs.

1. The Superintendent of Police, Karur District.

2. The Inspector of Police, Balaviduthi Police Station, Kuzhithalai, Kadavur Taluk, Karur District.

3. Murugan

4. Nallappan

5. Muniyappan ....Respondents PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents-1 & 2 to produce the body of person of the detenue namely; Kalimuthu S/o.Karuppan Servai, aged about 38 years before this Court and set him at liberty. For Petitioner : Mr.K.C. Ramalinggam For Respondents-1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor For Respondents-3 to 5 : No Appearance ***

O R D E R

This Habeas Corpus Petition is filed to direct respondents-1 & 2 to produce the body or person of the detenue before this Court.

2. Today, when the matter is taken up for hearing, the detenue was produced before this Court and we examined the detenue.

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H.C.P(MD)No. 615 of 2019

3. The detenue states that he was kidnapped by respondents-3 to 5 and was kept at Gopichettipalayam and his valuables has been taken away. He further stated that he wants to go along with his wife who is the petitioner in this petition.

4. Recording the aforesaid statement made by the detenue, the detenue, namely; Kalimuthu S/o.Karuppan Servai, aged about 38 years is permitted to go along with peittioner.

5. The second respondent/Inspector of Police, Balaviduthi Police Station, Kuzhithalai has already registered a man missing First Information Report in Crime No.121 of 2019 on 17.08.2019. The second respondent/Inspector of police is directed to take a statement from the detenue and alter the First Information Report by adding the appropriate offences and proceed further with the investigation in accordance with law.

6. Accordingly, the Habeas Corpus Petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Superintendent of Police, Karur District.

2. The Inspector of Police, Balaviduthi Police Station, Kuzhithalai, Kadavur Taluk, Karur District.

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

+1 CC to M/s.K.C. RAMALINGAM, Advocate ( SR-85346[F] dated 05/09/2019 ) ORDER MADE IN H.C.P(MD)No. 615 of 2019 05.09.2019 KM/(25.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2