Madras High CourtHCP(MD)/1605/2021dismissed

M. Marimuthu 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.1605 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.1605 of 2021 M.Marimuthu ... Petitioner / Father of detenu -vs1.The State represented by, The Superintendent of Police, O/o.The Superintendent of Police, Tenkasi District.

2.The Sub-Inspector of Police, Puliyarai Police Station, Puliyarai, Tenkasi 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 petitioner's daughter namely Kaleeswari (aged 27 years), W/o.Murugesan, before this Court and set her at liberty.

For Petitioner : Mr.N.Shyllappa Kalyan 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 daughter by name Kaleeswari, aged about 27 years, was found missing and hence, the present Habeas Corpus Petition has been filed.

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 detenu had eloped with one Vignesh and whereabouts not known. Earlier the husband of the detenu has filed H.C.P(MD) No.805 of 2021 and this Court dismissed the petition, by order, dated 12.08.2021. Suppressing the same, the present petition has been filed by the father of the detenu.

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

H.C.P(MD)No.1605 of 2021 3.Considering the fact that the detenu has eloped with one Vignesh and we find that the detenu is not illegally detained as alleged by the petitioner and hence, 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 State represented by, The Superintendent of Police, O/o.The Superintendent of Police, Tenkasi District.

2.The Sub-Inspector of Police, Puliyarai Police Station, Puliyarai, Tenkasi District.

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

H.C.P.(MD) No.1605 of 2021 27.10.2021 RK/PM(19/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2