R.Manikandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR R.Manikandan ... Petitioner -vs1.The Superintendent of Police Madurai District 2.The Inspector of Police Melur Police Station Madurai District 3.Meena ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or the body of the petitioner's mother named M.Vasantha, wife of Muthukumar (Aged 57), before this Court and set her at liberty. For Petitioner :

No appearance For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 and 2 to secure his mother, namely, Vasantha, aged about 57 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner, there were some disputes between his mother and the third respondent / in-law and her sister. On 25.08.2023, the petitioner's mother went to the house of the third respondent. However, she did not return back and was found missing. Though the respondent - Police had registered a case in Crime No.603 2023 under the caption "Woman Missing" on 11.09.2023, subsequently, no steps were taken to trace his mother. Hence, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that this Court vide order dated 18.12.2023 directed the second respondent to record a statement from the third respondent and also to file a report with specific reference to whether

it is a case of illegal detention or not. He would further submit that the statement has also been recorded from the third respondent, her son and daughter and as far as the second respondent is concerned, it is not a case of illegal detention. Further, he would submit that investigation is going on and as and when the whereabouts of the detenue is found, it would be intimated to the petitioner.

4. Recording the above submission of the learned Additional Public Prosecutor, the habeas corpus petition is closed with a direction to the respondent - Police to continue with the investigation in accordance with law and as and when the detenue is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 07.06.2024 NCC :

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To:

1.The Superintendent of Police, Madurai District.

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

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 07.06.2024