Mohamed Marzook 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.1405 of 2022 Mohamed Marzook ... Petitioner Vs 1.State represented by Superintendent of Police, Office of the Superintendent Thanjavur District 2.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of petitioner's brother Mubees Muthalip, S/o.Muthalip aged 34 years, who is found missing from 30.06.2022 before this Court and set her at liberty.

For Petitioner : Mr.A.Sivasubramanian 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 younger brother Mubees Muthalip, aged 34 years went missing from 30.06.2022 and that police are not taking effective steps to secure him.

2. Today, Mr.Duraiarasan, Special Sub Inspector of Police, Athiramapattinam Police Station is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Athiramapattinam Police Station Crime No.409/2022 was registered for 'man missing' and investigation is in progress.

4. In such view of the matter, we direct the Deputy Superintendent of Police, Pattukottai, to monitor the investigation that is being conducted by the Inspector of Police in Athiramapattinam Police Station Crime No. 409/2022 and keep the petitioner informed of the developments, if any, and

as and when Mubees Muthalip is secured, he may be produced before the Judicial Magistrate, Pattukottai, 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, Pattukottai.

2.The Superintendent of Police, Thanajvur District 3.The Deputy Superintendent of Police, Pattukottai, Thanjavur District 4.The Inspector of Police, Athiramapattinam Police Station, Thanjavur 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.1405 of 2022 26.08.2022