Madras High CourtHCP(MD)/942/2023closed

A.Senthilkumar v. The Superintendent Of Police

2023-08-07Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.942 of 2023 A.Senthilkumar .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District 2.The Inspector of Police, Appanhirupathy Police Station, Madurai District Crime No.105 of 2023.

3.The Inspector of Police Tallakulam Police Station, Madurai District .. Respondents (R3 has been suo motu impleaded as per the order of this Court dated 31.07.2023) PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents herein to produce the body or person of petitioner's son namely, S.Saravanakumar S/o.Senthilkumar, aged about 19years, the detenu herein

before this Court and set him at liberty.

For Petitioner : Mr.V.B.Sundhareshwar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner's son Saravanakumar, who is 19 years old, went missing from 18.07.2023 onwards. The petitioner's complaint to the second respondent was registered in Crime No.105/2023 dated 18.07.2023 as 'man missing'.

2. In the affidavit filed in support of the present petition, it is stated that the petitioner's son had developed intimacy with one girl, namely, Athifa Thilbar, D/o.Late Mohammed Kabir Rebayee and since the girl's relatives had acted against her wishes, she had also claimed to have given a complaint before the Sivagangai Police Station. It is, in this background, the petitioner's son Saravanakumar and Athifa Thilbar had gone out of their respective houses.

3. However, today, when the matter was called, the second respondent had produced the petitioner's son before us. When we spoke to the boy, he stated that he intended to complete B.Com., LLB., course, which he is pursuing at PRIST University at Madurai District and that he will reconcile with his father and live with him.

4. We spoke to the petitioner herein, who affirmed that he would take care of his son in his care and custody.

5. In view of the submission made by the petitioner and his son, no further orders are required in this petition. Accordingly, this Habeas Corpus Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 07.08.2023 NCC :Yes / No Internet : Yes RR

To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District 2.The Inspector of Police, Appanhirupathy Police Station, Madurai District Crime No.105 of 2023.

3.The Inspector of Police Tallakulam Police Station, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

RR H.C.P.(MD)No.942 of 2023 07.08.2023