Maharasi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Maharasi ... Petitioner / Mother of the detenu Vs.

1.The State of Tamil Nadu Rep. by its The Superintendent of Police, Tirunelveli District, Thoothukudi.

2.The State of Tamil Nadu Rep. by its, The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the second respondent herein to produce the "Body" or "Corpus" of the petitioner's son / detenue viz., Mariappan @ Rajesh, age 24 S/o.late.Ganeshan before this Court and set her at liberty forthwith.

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For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor.

O R D E R

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

2. The petitioner is the mother of the detenu. The petitioner's son aged about 24 years is missing for the last 17 days. In this regard, the petitioner lodged a complaint and it was registered as Crime No.289 of 2024 by the second respondent.

3. The learned Additional Public Prosecutor on instructions states that the detenu appears to have been terminated by the employer of the Tirunelveli Corporation and that this has given rise to some kind of misunderstanding between the petitioner and her son and that is why, the detenu appears to have left the home without informing the mother.

4. We are satisfied that this is not a case of illegal detention. However, we direct the second respondent to take earnest steps to trace the missing person.

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5. With this direction to the second respondent, the habeas corpus petition is disposed of.

(G.R.S. J.,) & (R.P. J.,) 03.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Issue order copy on 04.12.2024.

To:- 1.The Superintendent of Police, Tirunelveli District, Thoothukudi.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli 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.

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