R.Mariyammal v. The Superintendent Of Police

H.C.P.(MD) No.1103 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1103 of 2020 R.Mariyammal ... Petitioner/Mother of Detenu Vs.

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

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the Respondents to secure the detenu and produce the body or person of the detenu, the petitioner's minor son namely Saravanan S/o.Ramanathan, aged 17 years, before this Court and hand over the custody of the detenu to the petitioner forthwith.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.A.Thiruvadi Kumar, Standing Counsel for State

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] Alleging that the petitioner's son, by name, Saravanan, aged about 17 years, found missing, the petitioner has given a complaint before the 2nd respondent Police. Since, no action has been taken, the present Habeas Corpus Petition has been filed.

2. Earlier, when the matter came up for hearing, the Investigating Officer, who appeared before this Court, submitted that he got the call details collected from the detenu's last used mobile number on 23.07.2020 at Antipatti, Soundpuram Village, Salem District and a Special Team has been formed to secure the detenu. Hence, the matter is adjourned today.

3. Today, the Investigating Officer present before this Court and submitted that, when the special team reached the Salem, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1103 of 2021 detenu left the place and they are continuing the investigation and take steps to secure the detenu.

4. The learned Standing Counsel appearing for the State, on instructions, submitted that this is the 3rd time the boy was missing. Earlier occasions, he was secured and handed over to his parents. He further, submitted that they are continuing the investigation to secure the detenu.

5. Considering the submissions, sine the detenu is found missing more than 18 months, the 2nd respondent police is directed to proceed with the investigation, 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.

6. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) // 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, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.1103 of 2020 15.09.2021 ES(CO) KB(24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2