Mageshwari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mageshwari ... Petitioner -vs1.The Superintendent of Police, Madurai District, 2.The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the body or person of the petitioner's son namely, Kalidoss (Male, aged 32 years), who is the detenue in the present case, before this Court and consequently, set him at liberty. For Petitioner :

Mr.N.Balasubramanian For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed by the mother of the detenu seeking a direction to the respondents to produce his son, namely, Kalidoss, aged about 32 years before this Court and set him at liberty.

2.The petitioner would state that her son, the detenu was married one Shanthi in the year 2014 and thereafter, they lived happily for about 6 years. It is further stated that he was 1/3

working in HP Gas cylinder company and in the month of June 2020, he had gone to his company, but subsequently, he did not come back and his phone was also switched off. On enquiry, she came to know that one Eswari, wife of Muthu is also missing from that date. Hence, she lodged a complaint with the second respondent. Since no effective steps were taken to secure the detenu, she has come forward with the present habeas corpus petition. 3.The learned Additional Public Prosecutor would state that the detenu eloped with one Eswari and based on the complaint of the petitioner, a case in Crime No.1885 of 2020 was registered and when the investigation is going on, the detenu himself appeared before the second respondent.

4.When the matter is taken up for hearing today, the petitioner as well as the detenu appeared before this Court and he has stated that now he is willing to go with the petitioner.

5. In view of the above fact, we find no merits in this habeas corpus petition and hence, the same is dismissed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) skn 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, Madurai District, 2/3

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 22.02.2021 KM (05.03.2021) 3P 4C 3/3