Balamurugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Balamurugan ... Petitioner / Father of Detenu Vs.

1.The State of Tamilnadu, Rep. by the Commissioner of Police, Madurai District, Madurai.

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

... 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 1st and 2nd respondents to produce the body or person of the petitioner's son namely Hariharan, S/o.Balamurugan aged 19 years before this Court and set him at liberty.

For Petitioner : Mr.R.Vignesh 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.) The petitioner is the father of the detenue. He alleges that his son aged about 19 years is missing. In the affidavit filed in support of the habeas corpus petition, the petitioner himself had stated that his son apparently eloped with one Indhumathi. Since it is a case of elopement and it is not a case of illegal detention, we do no entertain this habeas corpus petition.

2.The second respondent registered Crime No.416 of 2024 based on the complaint given by the father of Indhumathi. We direct the second respondent to take earnest steps to secure the missing boy as well as the missing girl.

3.With this direction, this habeas corpus petition is dismissed. (G.R.S. J.,) & (R.P. J.,) 13.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

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

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

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 13.12.2024 4/4