C.Valanadu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1400 of 2022 C.Valanadu ... Petitioner Vs 1.The Superintendent of Police, Madurai District Madurai.

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

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the body or person of the petitioner's son namely V.Muthu, S/o.Chinnamuthu Thevar, aged about 28 years, before this Court and set him at liberty. For Petitioner : Mr.V.Saravanan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his son Muthuprakash, aged 28 years, went missing from 17.05.2022 and that police are not taking effective steps to secure him.

2. Today, Mr.S.Balasubramaniyan, Special Sub Inspector of Police, Kadupatti Police Station is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Kadupatti Police Station Crime No.56/2022 was registered on 24.08.2022 for 'man missing' and during the course of investigation, it came to light that the petitioner's son had developed intimacy with one Jeevitha, W/o.Prakash.

4. In such view of the matter, it cannot be stated that the petitioner's son is in the illegal custody of the respondents for issuance of a writ of Habeas Corpus. However, we direct the Deputy Superintendent of Police, Samayanallur Sub Division, to monitor the investigation that is being conducted by the Inspector of Police in Kadupatti Police Station Crime No. 56/2022 and keep the petitioner informed of the developments, if any, and

as and when Muthuprakash is secured, he may be produced before the Judicial Magistrate, Vadipatti, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. Accordingly, this Habeas Corpus Petition is closed. (P.N.P.,J.) (R.H.,J.) 26.08.2022 Index : Yes/No Internet : Yes RR To 1.The Judicial Magistrate, Vadipatti 2.The Superintendent of Police, Madurai District 3.The Deputy Superintendent of Police, Samayanallur, Madurai District 4.The Inspector of Police, Kadupatti Police Station, Madurai District.

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

P.N.PRAKASH,J.

and R.HEMALATHA,J.

RR H.C.P.(MD)No.1400 of 2022 26.08.2022