1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.609 of 2011 A.Joseph .. Petitioner Vs. 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub-Inspector of Police, Nachiyarpuram Police Station, Nachiyarpuram, Sivagangai District. 3.Parthipan .. 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 body or person of the petitioner's son J.Ruben, aged about 17 years, before this Court and handover the custody to the petitioner. For petitioner : Mr.V.Karuna For respondents : Mr.C.Ramesh, 1 & 2 Addl.Public Prosecutor For R3 : Mr.P.Athimoola Pandian ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the respondents 1 and 2 to produce his son by name J.Ruben, aged about 17 years, before this Court and handover the custody to the petitioner. 2.It is stated in the affidavit filed in support of this petition that the petitioner's son-Ruben/detenu is studying III-year E.E.E. in Chettinadu Polytechnic at Kanadakothan, Karaikudi Taluk, Sivagangai District and he is a minor aged about 17 years. It is further alleged in the affidavit that on 18.07.2011, the detenu went to the college by bus. Usually he will be returning to the home by evening, but on that day he did not return home. Therefore, the petitioner preferred a complaint before the second respondent-Police and the second respondent has not taken any action in spite of repeated reminders. It is further alleged by the petitioner in the affidavit that the above mentioned third respondent would have kidnapped his son/the detenu. Under the https://hcservices.ecourts.gov.in/hcservices/ 2 circumstances, the petitioner has filed the present Habeas Corpus Petition alleging that the detenu is under the illegal custody of the third respondent. 3.Today, the detenu-Ruben has been produced before this Court. The petitioner has also appeared before this Court. On our enquiry, the detenu has stated that he left the home on his own accord, since he did very poor in the examinations and at present, he is in Tiruppur and he is working. Further he stated that he would like to go along with his father/the petitioner herein. 4.From the statement made by the detenu, it is clear that he is not under the illegal custody of any one much less the third respondent. Hence, recording the statement made by the detenu, the Habeas Corpus Petition is closed, as nothing further remains to be considered. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub-Inspector of Police, Nachiyarpuram Police Station, Nachiyarpuram, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.V.KARUNA, ADVOCATE SR.25481 Km SR : 11.08.2011 : 2p/5c HCP(MD)No.609 of 2011 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/