Madras High CourtHCP(MD)/1600/2021dismissed

Thangavel v. The Superintendent Of Police

2021-10-27Honourable Mr Justice V. Bharathidasan,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P(MD)No.1600 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.1600 of 2021 Thangavel ... Petitioner / Father of detenu -vs1.State represented by, The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Thogamalai Police Station, Karur District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the second respondent to produce the person or body of petitioner's son namely Gunasekaran, Son of Thangavel, aged 21 years before this Court and set him at liberty. For Petitioner :Mr.M.Ramu For Respondents :Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's son by name Gunasekaran, aged about 21 years, is found missing from 26.09.2021, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken by the second respondent to secure the detenu. Hence, the present Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1600 of 2021

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that the petitioner's son eloped with one Bhuvaneshwari D/o.Muthumani and based on the complaint given by the father of Bhuvaneshwari alleging that the petitioner had abducted her daughter and the respondent police has registered an F.I.R. in Crime No.462 of 2021 against the detenu.

3. Considering the fact that the petitioner's son alone eloped with one Bhuvaneshwari and he is not illegally detained and he is also an absconding accused and hence, the Habeas Corpus Petition is not maintainable.

4. In view of the above, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, Karur District, Karur.

2.The Inspector of Police, Thogamalai Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1600 of 2021 27.10.2021 RK/PM(19/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2