Karuppasamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Karuppasamy ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Inspector General of Police (South Zone), Bharathi Ula Veedhi, Madurai.

2.The State of Tamil Nadu, Rep. by the Commissioner of Police, Madurai City, Madurai.

3.The State of Tamil Nadu, Rep. by the Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The State of Tamil Nadu, Rep. by the Inspector of Police, NIB CID, Madurai City.

... 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 1/5

respondents to produce the body or person of the detenu namely Uthandumurugan S/o.Karuppasammy aged about 24 years before this Court and set him at liberty.

For Petitioner : Mr.S.Vishnuvardhan 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 father of the detenu. The petitioner alleged that his son was arrested on 27.11.2024 but that his arrest was not brought on record. The petitioner alleged that his son is being illegally detained by the fourth respondent. With this allegation, this habeas corpus petition came to be filed.

3.On 02.12.2024, we passed the following order:- "The petitioner is the father of the detenu. The specific allegation of the petitioner is that his son Uthandumurugan was arrested in front of Mattuthavani bus stand on 27.11.2024 at about 02.00 pm.

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2.The fourth respondent through the learned Additional Public Prosecutor informs the Court that they have not secured the detenu. Steps shall be taken by the respondents to report the current whereabouts of the petitioner's son.

3.Call this case on 04.12.2024."

4.Today, ie., 04.12.2024, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the petitioner's son was remanded on 02.12.2024 by the learned Judicial Magistrate, Tambaram in Crime No.278 of 2024 on the file of Pallikaranai PEW, Chennai. Since the petitioner's son has been judicially remanded, it is no longer a case of illegal detention. The petitioner will have to pursue his remedy elsewhere.

5.This habeas corpus petition is disposed of accordingly. (G.R.S. J.,) & (R.P. J.,) 04.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/5

To:- 1.The Inspector General of Police (South Zone), Bharathi Ula Veedhi, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, NIB CID, Madurai City.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 04.12.2024 5/5