G.Ruby v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH G.Ruby .. Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Vikkiramangalam Police Station, Madurai District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the body or person of the petitioner's son namely, G.Aravindhan, Son of Ganesan, aged about 21 years, before this Court and set him at liberty.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.] This Habeas Corpus Petition has been filed by the mother of the detenu on the ground that her son Aravindhan, aged about 21 years, was illegally detained by the second respondent police.
2. During the earlier hearings, this Court directed the second respondent Police to file a status report in this case. Accordingly, a status report has been filed after serving a copy of the same to the learned counsel for the petitioner. For proper appreciation, the relevant portions in the status report are extracted hereunder :- "3. On 17.11.2022, on receiving the complaint petition by registered post, enquiry was made. It
revealed that the husband of the Petitioner, Thiru Ganesan is involved in more than 46 cases of causing attack, theft, murder, arson and other cases and that in this connection in an incident of theft case that occurred at Kanakamma Chatram Police Station limit in Thiruvallur District, the concerned police on 17.11.2022 visited Kosavapatti village, the place of residence of the Petitioner and searched for Ganesan and since he was not available, they took his son Aravinth and his relative Ajth for enquiry.
4. Since the enquiry disclosing they were not connected in the above case, the Kanakamma Chatram Police themselves brought and handed them over to Vikramangalam Police Station to Thiru. Rajendran, Sub Inspector. The said Sub Inspector immediately called the Petitioner Tmt. Ruby and handed over her son Aravinth over to her and Thiru Ajith was handed over to one Samuthrapandi, the father of the said Ajith them in the presence of Thiru Kaluvan, Village Panchayat President on 18.11.2022.
Photograph of handing them over was also taken and available with the Police.
5. In this connection, on 24.11.2022, Thiru. Rajendran, the Sub Inspector of Police who received the petition presented by the Petitioner Tmt. Rabi assigned CSR No.330/2022 and completed his enquiry by concluding that the detenus Aravinth and Ajith were handed over to the Petitioner and the father of Ajith respectively. The Sub Inspector of Police concluded the CSR by stating as, the persons who were taken for enquiry were returned back in good condition and hence closed the CSR by enclosing the photograph as well."
3. Recording the above, this Habeas Corpus Petition is closed. (M.S.R.,J.) (N.A.V.,J.) 28.11.2022 Index : Yes/No Internet : Yes rm
To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Vikkiramangalam Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and N.ANAND VENKATESH, J.
rm 28.11.2022