N.Muniyasamy v. The Superintendent Of Police

H.C.P.(MD).No.1290 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1290 of 2021 N.Muniyasamy ... Petitioner/father of the detenue -Vs1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Uchipuli Police Station, Uchipuli, Ramanathapuram 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 1 and 2 herein to produce the corpus of body of petitioner's son Vijay @ Mareeskumar, S/o. N.Muniyasamy, aged 32 years before this Court and set him at liberty. For Petitioner :

Mr.M.Kannan For Respondents :

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 Vijay @ Mareeskumar, S/o. N.Muniyasamy, aged about 32 years, found missing from 26.06.2021, the petitioner has given a complaint before the second respondent police. Since, no action has been taken to secure the detenu, the present Habeas Corpus Petition has been filed. 2.Earlier notice was ordered. Today, when the matter is taken up for hearing, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions, would submit that due to some matrimonial dispute between the son of the petitioner/detenu and his wife, he left the home and his whereabouts is not known and they are continuing the investigation to secure the detenu. 3.Considering the submissions, sine the detenu is found missing more three months, the second respondent police is directed to proceed with the investigation, secure the detenu, as early as possible, and produce before the concerned Judicial Magistrate. On https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD).No.1290 of 2021 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 (AE) // 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, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Uchipuli Police Station, Uchipuli, Ramanathapuram District.

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

4.The Judicial Magistrate No-II, Ramanathapuram.

+1 CC to M/s.M.KANNAN, Advocate ( SR-29685[F] dated 21/09/2021 ) ORDER MADE IN H.C.P.(MD) No.1290 of 2021 20.09.2021 RS (27.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2