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Madras High CourtHCP(MD)/2000/2022closed

Selvaraj v. The Superintendent Of Police

2022-12-06Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2022

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE SUNDER MOHAN H.C.P.(MD)No.2000 of 2022 Selvaraj .. Petitioner/ Father of the Detenu Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Sernthamaram Police Station, Tenkasi District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the person or body of the petitioner's son, the detenu, by name, Aravind, son of Selvaraj, aged about 20 years, before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Mathavaselvam For Respondents : Mr.R.Meenakshisundaram Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

The petitioner Selvaraj is the father of one Aravind, aged 20 years. According to him, his son, who went to college on 07.11.2022 in his two wheeler, did not return home. Incidentally, about the same period, one Kavitha, daughter of Vembumari has gone missing and the father of Kavitha has given a complaint to the Tenkasi police about the missing of his daughter. It does not require any necessity to join the both dots. 2.The learned counsel for the petitioner submits that since the whereabouts of the petitioner's son is not known and Kavitha belongs to different community, he apprehends danger to the life of the petitioner's son.

3. The learned Additional Public Prosecutor appearing for the State submitted that regarding the missing of Aravind, an FIR in Crime No. 371/2022 has been registered by the Sendhamaram police, the second respondent herein, which is under investigation. Likewise, the complaint given by the father of Kavitha has also been taken into investigation by Tenkasi police. Preliminary investigation indicates that son of the petitioner and Kavitha, who are pursuing their studies in the same college fell in love and have eloped and both of them are major.

4.Considering the said facts, this Court finds that there is no purpose in keeping this habeas corpus petition pending. However, it is suffice to direct the respondent police to expedite the investigation and trace the whereabouts of the missing boy and the girl and informed about their whereabouts to the parents as soon as they get any information. 5.With the above direction, this Habeas Corpus Petition is closed. [G.J.,J.] & [S.M.,J.] 06.12.2022 Index: Yes/No Internet:Yes/No PJL

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

2.The Inspector of Police, Sernthamaram Police Station, Tenkasi District.

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

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

PJL H.C.P.(MD)No.2000 of 2022 06.12.2022