Madras High CourtHCP(MD)/1942/2021closed

Gnanam v. The Superintendent Of Police

2022-03-21Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.1942 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1942 of 2021 Gnanam ... Petitioner/Wife of the Detenu -vs1.The Superintendent of Police, District Police Office, Thoothukudi District.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the second respondent to produce the person or body of the petitioner's husband by name Ayyadurai (63 years) before this Court and set him at liberty.

For Petitioner :

Mr.M.Maran For Respondents :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J The petitioner seeks production of the person of her husband Ayyadurai, aged about 63 years. He is said to be missing from 25.10.2020.

2. Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents, upon instructions, would submit that the detenu, namely, Ayyadurai had walked out of the house after quarreling with his sons over the spending of his retiral benefits. He had gone and stayed with his sister for sometime and thereafter, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1942 of 2021 he had left the sister's house also. It is stated that the police has making diligent search and nearly 40 un-claimed bodies correlated with the photographs and none of these were found to be the body of the detenu.

3. Hence, we find no case of illegal custody. Therefore, the Habeas Corpus Petition is closed leaving it open to the police to pursue the investigation earnestly.

Sd/- Assistant Registrar (AD-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, District Police Office, Thoothukudi District.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

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

H.C.P.(MD) No.1942 of 2021 21.03.2022 RK(01/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2