1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.615 of 2011 and M.P.(MD).No.1 of 2011 Sundarammal : Petitioner Vs 1.The Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, Peraiyoor. 3.The Inspector of Police, Saftoor Police Station, Peraiyoor Taluk, Madurai District. 4.Ochappan : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the first and third respondents to produce the body of the detenue's, namely, Murugan and Sathya before this Court and set them at liberty. For Petitioner : M/s.A.Rajini For R.1 to 3 : Mr.A.Ramar, Addl.Public Prosecutor For R.4 : Mr.R.Venkatesan ORDER [Order of the Court was made by S.NAGAMUTHU,J.] The petitioner is the mother of one Murugan, aged about 24 years. According to the petitioner, he has been found missing from 22.06.2011 onwards. Incidentally, one Sathya, aged about 19 years, is also missing. Based on a complaint preferred by one Selvam, who is the father of the said Sathya, a case has been registered in Crime No.105 of 2011 under Section 366-A I.P.C. The matter is being investigated by the fourth respondent. It is the allegation that under the guise of the investigation in Crime No.105 of 2011, the petitioner and other family members were illegally detained for some time and forced to make statements about the whereabouts of his son Murugan and Santhya. However, the fact remains that both the boy and girl are found missing. In those circumstances, the petitioner has come up with this Habeas Corpus petition seeking a direction to the respondents to produce the detenues, namely, Murugan and Santhya before this Court and set them at liberty. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The third respondent has filed a status report before this Court, wherein, he has stated that neither the petitioner nor anybody else is under the illegal detention, as alleged by the petitioner. He only states that he has been investigating the case in Crime No.105 of 2011. 3. From the status report, it could be seen that the petitioner's son Murugan and the girl Sathya are found missing. But, their whereabouts are not known at present. Thus, absolutely, prima facie there no is material to show illegal detention. 4. In such view of the matter, we do not find any reason to retain this Habeas Corpus petition. Hence, this petition is dismissed with a direction to the third respondent police to proceed with the investigation in accordance with law. Consequently, the connected miscellaneous petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar ssm To 1.The Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, Peraiyoor. 3.The Inspector of Police, Saftoor Police Station, Peraiyoor Taluk,Madurai District. DM:2011:DEC:07:: Order made in H.C.P.(MD)No.615 of 2011 Dated:- 18.11.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/