Madras High CourtHCP(MD)/1917/2021closed

S.Pasupathi v. The Superintendent Of Police

2022-02-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1917 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1917 of 2021 S.Pasupathi ... Petitioner/Son of Detenue -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Manur Police Station, Tirunelveli District.

3.Madasamy 4.Muthurajathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to directing the respondents 1 & 2 to secure and produce the body or person of the detenu namely, Kaliyammal (Petitioner's mother) W/o.Servaaran, aged about 80 years, who may be in the illegal custody of the third and fourth respondents or somebody else and produce before this Court and set her at liberty.

For Petitioner :

Mr.A.Mohamed Yusuf For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J The petitioner seeks production of the person of his mother Kaliyammal, who is set to be aged about 80 years. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1917 of 2021

2. The learned Additional Public Prosecutor had filed a status report. It discloses that the police are making all out efforts to trace the petitioner's mother. It is also stated that they have also examined nearly 20 unclaimed dead bodies. He seeks further time to investigate and report.

3. Considering the fact that the detenu is 80 years old and she is not in the custody of the respondents 3 & 4 as claimed by the petitioner, we close the Habeas Corpus Petition with a direction to the Deputy Superintendent of Police, Tirunelveli to monitor the investigation.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) am 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, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Manur Police Station, Tirunelveli District.

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

Copy to The Deputy Superintendent of Police, Tirunelveli. ORDER MADE IN H.C.P.(MD) No.1917 of 2021 14.02.2022 cm(CO) TR(28.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2