Periyakkal v. The Superintendent Of Police

H.C.P.(MD) No.1302 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1302 of 2021 Periyakkal ... Petitioner / Mother of Defenue vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul.

... 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 to produce the corpus or body of the detenue namely Loganathan, aged about 18 years, son of Andichamy, before this Court and set him at liberty.

For Petitioner :

Mr.Manikandan.P For R 1 and 2 :

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 Loganathan, aged about 18 years, found missing from 16.08.2021, the petitioner has given a complaint before the 2nd respondent police. Since no action has been taken by the respondent Police to secure the detenu, the present Habeas Corpus Petition has been filed. 2.Mr.S.Ravi, the learned Standing Counsel appearing for the respondents, on instructions, would submit that the initial investigation reveals that the detenu eloped with one Kowsalya and the whereabouts of the detenu not known. Now, the parents of the Kowsalya has also given a complaint before the Vadamadurai Police Station and the respondent Police investigating.

3. Considering the submissions, sine the detenu is found https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1302 of 2021 missing more than twenty days, the second respondent police is directed to proceed with the investigation and secure the detenu as early as possible 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 (CS I) // 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, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul.

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

ORDER MADE IN H.C.P.(MD) No.1302 of 2021 06.09.2021 KS(CO) SB(20.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2