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Madras High CourtHCP(MD)/1203/2020closed

Kalaimurugan v. The Inspector Of Police

2021-01-18Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Kalaimurugan (represented by his Next Guardian, Mr.Durai Raj) ... Petitioner -vs1. State rep. by The Inspector of Police, Theriruvelli Police Station, Ramanathapuram District.

2. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

... 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 persons or bodies of the petitioner's mother namely Poongothai, aged about 40 years and petitioner's sister namely, Abinaya, aged about 19 years before this Court and set them at liberty.

For Petitioner :

Mr.R.Murali For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to produce the persons or bodies of the petitioner's mother namely Poongothai, aged about 40 years and petitioner's sister namely, Abinaya, aged about 19 years before this Court and set them at liberty.

2. The petitioner is a minor, aged about 15 years, he is studying 10th standard at Sri Gopalakrishnan Higher Secondary School, 1/3

Madurai and he is represented by his paternal uncle. The petitioner would state that his father Muruganandham is a unskilled worker and he is in Gulf Country.

3. The grievance of the petitioner is that from 08.11.2020 his mother and sister were found missing and the complaint given before the first respondent has not yielded any result. It is also stated that on 20.11.2020 the petitioner sent a complaint through registered post to the second respondent, but there is no response and hence, the present habeas corpus petition has been filed.

4. When the matter is taken up for hearing today, both the detenues appeared before this Court through Video Conferencing from the Public Prosecutor Office. The first detenu would state that the second detenu is her daughter and she fell in love with one Ravikrishnan, since this was objected by the relatives, she went along with second detenu and performed the marriage on 20.11.2020. She would further state that the petitioner was not inclined to accompany with her and now she is residing with second detenu.

5. It is also stated that the father of the petitioner, namely, Muruganandham has come back from Gulf Country and there is a matrimonial dispute between the first detenu and her husband Muruganandham.

6. In view of the above statement made by the first detenu, we find no further adjudication in this habeas corpus petition is required and hence, this petition is closed.

Sd/- Assistant Registrar (A.S) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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.

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To:

1. The Inspector of Police, Theriruvelli Police Station, Ramanathapuram District.

2. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

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

+1 CC to M/s.R.MURALI, Advocate ( SR-995[F] dated 18/01/2021 ) 18.01.2021 KVN(CO) CS(29.01.2021) 3P 5C 3/3