1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.223 of 2011 P.Velammal .. Petitioner vs. 1.State rep. by the Superintendent of Police, Tirunelveli District,Tirunelveli. 2.The Inspector of Police, Puliyangudi Police Station, Tirunelveli District. 3.Paramasivan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the 2nd respondent to produce the person or body of the petitioner's son Marimuthu aged 36 years before this Court and set him at liberty. For petitioner : Mr.S.Muthalraj For respondents 1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA , J) The petitioner is the mother of the detenu. It is stated in the affidavit filed in support of the petition that her son, named, Marimuthu, who was working as Agricultural Coolie, left home on 18.2.2011 and thereafter, he did not return home. She, immediately, made a complaint to the second respondent. According to the petitioner, no proper action was taken on the complaint. Hence the present Habeas Corpus Petition. 2. When the matter came up before this Court on 18.7.2011, this Court directed the learned Additional Public Prosecutor to file a Status Report, pursuant to which, the learned Additional Public Prosecutor filed a Status Report dated 20.7.2011. In Paragraph No.6 of the Status Report, it is categorically stated by the second respondent/Inspector of Police that the third respondent is in no way connected with the alleged occurrence. Paragraph No.6 of the Status Report reads as follows:- "6. ... During the course of enquiry on 23.7.2011, Paramasivan, s/o. Subbiah Muthaliar residing at 36/1 1st street Bharathi Nagar, Melagaram Tenkasi, stated that he does not know the alleged occurrence. He was in no way connected to the alleged occurrence and he https://hcservices.ecourts.gov.in/hcservices/ 2 is likely to be falsely implicated in the alleged occurrence. Since the Second Appeal No.1189/2011 pending before the Hon'ble High Court Judicature of Madras at Madurai. He further stated that he is well aware about Marimuthu who is non other than his own sister, Vellemal/petitioner's son, and the detenue Marimuthu was not seen by him and any body in and around his native place and the place of Tirunelveli District. He had also not seen the Marimuthu for the past 10 years. He further stated about the civil litigation between he and the petitioner it was in the trial Court before 10 years. Finally, he stated, he was in no way connected to the occurrence and he never even think of kidnapping the detenu." 3. It is brought to the notice of the Court that the third respondent is none other than the maternal uncle of the detenu and brother of the petitioner. It is stated by the petitioner that a civil matter is pending before the Court and in view of the property dispute, the third respondent would have kidnapped the detenu. 4. The police made a thorough enquiry with the third respondent and the third respondent stated that the detenu has been missing for the last 10 years and he has not seen the detenu for the last 10 years. 5. However, in the petition, it is stated by the petitioner that the detenu left home on 28.2.2011 and thereafter, he did not return home. There is no material evidence to state that the detenu was living with the petitioner. 6. In view of the above facts, we feel that the detenu is not under illegal custody of the third respondent and also no evidence is available to say that the detenu is under illegal custody of the third respondent. Hence, the Habeas Corpus Petition is devoid of merit and the same is dismissed. However, the petitioner is permitted to file a compliant if she knows the whereabouts of the detenu and his illegal custody. The respondent police may take action on the complaint, if any, to be given by the petitioner in this matter. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Puliyangudi Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.Muthalraj, Advocate, Sr.No.24343 H.C.P(MD)No.223 of 2011 25.7.2011 asvm SMA/5.8.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/