Mathankumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Mathankumar ... Petitioner / Son of Detenue Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of detenue, namely, Mahalakshmi, W/o.Manikandan aged about 50 years before this Court and set her at liberty.

For Petitioner : Mr.R.Manikcam For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor.

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O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner's mother is found missing since 28.12.2023. The petitioner lodged complaint and the second respondent registered a case in Crime No.2 of 2024.

3.From the averments set out in the affidavit filed in support of the habeas corpus petition, we are satisfied that the petitioner's mother had left the home since she was unable to face debt related issues. We are satisfied that it is not a case of illegal custody. The petitioner has to pursue his remedy with the second respondent. 4.This habeas corpus petition is dismissed accordingly. (G.R.S. J.,) & (R.P. J.,) 11.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 11.11.2024 4/4