A.Pandi v. Home, Prohibition And Excise Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD H.C.P.(MD) No.824 of 2024 Pandi ... Petitioner / Son of the detenu Vs.

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

2. The Sub-Inspector of Police, Theni, Theni District.

... Respondents PRAYER : Petition 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 body or person of the detenu by name A.Pechiyammal, wife of Ayyavu, aged 72 years before this Court and set her at liberty.

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For Petitioner : No Appearance For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

Mr.T.Senthil Kumar, learned Additional Public Prosecutor has forwarded a written instructions received by him from the Inspector of Police, Theni Police Station, with respect to FIR in Crime No.252 of 2024 registered under "Women Missing" relating to which the present Habeas Corpus Petition has been filed. It related to the missing of 72 years old lady Pechiyammal.

2. It had been stated in the instructions received by the learned Additional Public Prosecutor that the lady had owing to a quarrel with her family members gone to the next door house to the third floor. That house was unoccupied and she locked herself in the third floor and died there.

3. The learned Additional Public Prosecutor also placed before us a report from the Department of Forensic Medicine & Toxicology, Office of District Police Surgeon, Government Theni 2/5

Medical College, Theni, signed by Dr.S.Ganapathy, Assistant Professor in Forensic Medicine, with respect to post mortem of a lady aged about 72 years namely Petchiyammal. It is stated that body was totally decomposed and was identified only by the in-charge Police Constable. It is stated that the body is not just decomposed but also partially skeletonized. A photograph had also been enclosed.

4. There is also no representation on behalf of the petitioner. There has been no representation on 11.07.2024 and 26.07.2024. It is evident that the petitioner and the counsel are also aware of the death of the detenu.

5. Recording the death, the Habeas Corpus Petition stands dismissed.

(C.V.K., J.) (J.S.N.P, J.) 09.09.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To

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

2. The Sub-Inspector of Police, Theni, Theni District.

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

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C.V.KARTHIKEYAN, J.

AND J.SATHYA NARAYANA PRASAD, J.

RM ORDER MADE IN H.C.P.(MD) No.824 of 2024 09.09.2024 5/5