Marimuthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023 Coram THE HON'BLE MR.JUSTICE S.M. SUBRAMANIAM and THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN Marimuthu, S/o.Karuppusamy, No.17/50, Gopal Street, Vyasarpadi, Chennai.

.. Petitioner/Father of the detenu vs 1.The Superintendent of Police, Office of the Superintendent of Police Office, Thoothukudi District.

2.The Inspector of Police, Kulasekaranpattanam Police Station, Thoothukudi District.

.. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to produce the person or body of the detenu by name Vignesh, S/o.Marimuthu, male, aged 20 years before this Court and set him at liberty. For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

ORDER

[Order of the Court was made by S.M. SUBRAMANIAM, J.] The Habeas Corpus Petition has been instituted to direct the respondents 1 and 2 to produce the person or body of the detenu by name Vignesh, S/o.Marimuthu, male, aged about 20 years before this Court. 2.The learned Additional Public Prosecutor appearing for the respondents, on instructions, made a submission that the complaint given by the petitioner was registered in Crime No.223 of 2023 on the file of Kulasekaranpattanam Police Station, Thoothukudi District. Simultaneously, another complaint in Crime No.433 of 2023 was registered on the file of Thisaiyanvilai Police Station on the complaint lodged by one Arumugam, father of Bala Sureka.

3.The second respondent/the Inspector of Police, Kulasekaranpattanam Police Station brought to our notice that during the course of the investigation, the girl, namely Bala Sureka, has contacted her father Mr.Arumugam and informed him that she has joined with the son of the petitioner-Vignesh and both are living together. The girl specifically informed her father that he need not search about her whereabouts. 2/5

4.This being the factum established during the preliminary investigation conducted by the police, we do not find any reason to entertain the Habeas Corpus Petition and the petitioner is at liberty to gather information from the police for the purpose of tracing the whereabouts of his son or otherwise.

5.With these observations, this Habeas Corpus Petition is dismissed. There shall be no order as to costs. (S.M.S.,J.) (V.L.N.,J.) 09.10.2023 Index : Yes/No ps 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police Office, Thoothukudi District.

2.The Inspector of Police, Kulasekaranpattanam Police Station, Thoothukudi District.

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

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S.M. SUBRAMANIAM, J., and V. LAKSHMINARAYANAN, J., ps 09.10.2023 5/5