Gurusamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Gurusamy ... Petitioner/ Father of the detenue -vs1.The State of Tamil Nadu rep by its The Superintendent of Police, Office of the Superintendent of Police Office, Virudhunagar District.

2.The Inspector of Police, Virudhunagar Rural 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 No.1 and 2 to produce the person or body of the detenue by name Velkani, S/o.Gurusamy, Male aged 26 years before this Court and set him at liberty.

For Petitioner :Mr.R.Ramachandran For Respondents :Mr.B.Nambi Selvan, Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Hebeas Corpus Petition is filed for a direction to the respondents No.1 and 2 to produce the person or body of the detenue by name Velkani, S/o.Gurusamy, Male aged 26 years before this Court and set him at liberty. 2.The case of the petitioner is that his younger son viz., Velkani, aged about 26 years had completed graduation decree at Maduri American College and thereafter, he went to abroad. On 14.06.2025, the petitioner's son had come to India to see his mother and thereafter, on 15.06.2025 he had left the home stating that he was going to shopping and thereafter he did not return back home. Despite searching in nearest places, the petitioner was not unable to find out the whereabouts of his son and thereby the petitioner had given a complaint on 18.06.2025. Based on which, the respondent police registered a case in Crime No. 209 of 2025 under Man missing. Subsequently, the petitioner had attempted to call his son in the mobile phone, the mobile phone was ringing but, he did not

pick up the phone. Since the respondents have not taken any steps to find out the whereabouts of the missing person, the present Habeas Corpus Petition is filed. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents submitted that based on the complaint given by the petitioner, a case in Crime No.209 of 2025 was registered on 18.06.2025 under Man missing. During the course of investigation, it came to light that the petitioner's son had come to India on 14.06.2025 and thereafter, he had left India on 23.06.2025 through Mumbai Airport. The said information was given by the Immigration Department and as on date, the petitioner's son is not in India and he gone abroad and that the petitioner's son is not under illegal detention of anybody. The respondent police are continuing with the investigation.

4.Recording the aforesaid submissions, the Habeas Corpus Petition stands closed.

[A.D.J.C., J.] [R.P., J.]

11.07.2025 A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA , J.

NS To:

1.The State of Tamil Nadu rep by its The Superintendent of Police, Office of the Superintendent of Police Office, Virudhunagar District.

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

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

11.07.2025