Murugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Murugan ... Petitioner/ Father of the detenue -VsThe State of Tamil Nadu rep by 1.The Superintendant of Police, Trichy District, Tricy.

2.The Inspector of Police, Manaparai Police Station, Trichy District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenue namely Senthilkumar, son of Murugan aged about 28 years before this Court and set him at liberty. For Petitioner : Mr.K.Arunraj For R1 to R4 : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Habeas Corpus Petition is filed to direct the respondents to produce the body or person of the detenue namely Senthilkumar, son of Murugan aged about 28 years before this Court and set him at liberty. 2.The case of the petitioner is that his son viz., Senthilkumar, aged about 28 years, was working as an acting driver and he had completed B.Com. On 10.10.2024 at about 09.00 a.m., he had gone to Trichy for his work and thereafter, he had not returned back to home. Therefore, the petitioner had tried to contact the mobile phone of the missing person and the same was switched off. Despite searching in several places, the petitioner was unable to find out the whereabouts of his son. Hence, the petitioner had lodged a complaint before the second respondent police. Since the respondent police had not taken any steps, the petitioner sent a detailed representation dated 08.06.2025 to the first respondent. Since no action had been taken by the respondent police, the present Habeas Corpus Petition is filed.

2/4

3.The learned Additional Public Prosecutor would submit that the petitioner's son Senthil Kumar is an accused facing trial in Spl.S.C. No. 46 of 2022 on the file of the Mahila Court, Trichy for offence under the POCSO Act and since he had been absconding Non Bailable Warrant is pending against him. The petitioner is well aware of the same and for obvious reasons has filed the present Habeus Corpus Petition. He would further submit that the respondents are taking steps to secure him for production before the Court for trial. The son of the petitioner is not under illegal detention of anybody. 4.The petitioner's son is an absconding accsused and there is no averment that he is under illegal detention of anybody. 5.In view of the same, the Habeus Corpus Petition stands dismissed. [A.D.J.C.,J.] & [R.P.,J.] 28.07.2025 NCC:Yes/No Index:Yes/No Ns 3/4

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns To 1.The Superintendant of Police, Trichy District, Tricy.

2.The Inspector of Police, Manaparai Police Station, Trichy District.

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

ORDER MADE IN 28.07.2025 4/4