1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.815 of 2011 A.Antony .. Petitioner vs. 1.The Commissioner of Police, Madurai District. 2.The Inspector of Police, Keeraithurai Police Station, Madurai City. 3.Subburaj .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenues 1 and 2 namely Chinnappan (25) and Saratha (24) before this Court and set them at liberty. For petitioner : Ms.A.Rajani For respondents 1&2 : Mr.C.Ramesh, Additional Public Prosecutor For 3rd respondent : Mr. Isaac Mohanlal ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J) The petitioner is the father of the detenu – Chinnappan. It is stated in the affidavit that his son - Chinnappan and one Saratha, who is the daughter of the third respondent – Police Officer, are found missing. 2. It is alleged in the affidavit filed in support of the petition that the detenu – Chinnappan was working in RAMCO at Chennai and that the detenu – Chinnappan belong to Adi Dravidar Community and the other detenue – Saratha belongs to Backward Community and both the detenus are found missing. Therefore, the petitioner made a complaint to the respondents 1 and 2. Since no sincere steps were taken by the police to trace out the detenus, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition. 3. Learned counsel for the third respondent vehemently contended that the petitioner knowing very well that the detenus are not detained by any one, has filed this petition. Therefore, exemplary costs should be imposed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Today both the detenus were produced and they have stated that they are not under the illegal custody of any one. 5. After considering the facts and circumstances of the case, we are of the view that nothing remains to be adjudicated in the matter and also this is not a fit case for imposing exemplary costs. 6. In the result, the Habeas Corpus Petition is closed. asvm Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai District. 2.The Inspector of Police, Keeraithurai Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to M/s.Isaac Mohanlal, Advocate SR.No.32929. H.C.P(MD)No.815 of 2011 Dated:22.09.2011 2/5C RPB 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/