1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P(MD)Nos.769 and 704 of 2011 HABEAL CORPUS PETITION No.769 of 2011: A.Thaiyabu .. Petitioner vs. State rep. by 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District. 2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District. 3.Raju 4.Nazeer 5.Rajamohammed 6.Rafeek Rowther .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents herein to produce the body and person of the petitioner's son, namely, Abdul Kathar, son of Abdul Karim, aged 23 years, from the illegal custody of the respondents 3 to 5 herein and others, before this Court and set him at liberty and pass such further or other orders. For petitioner : Mr.B.Jameel Arasu (No appearance) For respondents : Mr.A.Ramar, 1 and 2 Addl.Public Prosecutor HABEAL CORPUS PETITION No.704 of 2011: S.Rajamohamed .. Petitioner vs. 1.State through the Inspector of Police, Ariyamangalam Police Station, Trichy, Cr. No.377 of 2011. 2.The Commissioner of Police, Trichy. 3.Abdul Khadher .. Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 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 the person of the detenu Mrs.Rizwana Begum, W/o.Rajamohamed, aged 22/2011, residing at 13/9-6, Abdul Kalam Azad Street, Kamaraj Nagar, Ariyamangalam Post, Trichy District, before this Court and set her at liberty and pass such further or other orders. For petitioner : Mr.B.N.Rajamohamed For respondents : Mr.A.Ramar, 1 and 2 Addl.Public Prosecutor COMMON ORDER (Common order of the Court was made by S.NAGAMUTHU, J) Habeas Corpus Petition No.704 of 2011 has been filed by the husband of one Rizwana Begum, aged 22 years (the detenue). According to him, the detenue has got two children, aged 5 and 3 years, respectively. But, from 08.06.2011 onwards, the detenue is found missing. According to the petitioner, he suspects that she is in the illegal custody of the third respondent. With these allegations, he has given a complaint, upon which the first respondent has registered a case in Crime No.377 of 2011, for "woman missing" and the same is under investigation. 2. While so, Habeas Corpus Petition No.769 of 2011 has been filed by the father of Abdul Khadhar, who is the third respondent in Habeas Corpus Petition No.704 of 2011. According to the affidavit filed by the petitioner in Habeas Corpus Petition No.769 of 2011, Mr.Abdul Kathar has been found missing from 21.06.2011 and on a complaint preferred by him, a case in Crime No.161 of 2011, for 'man missing' has been registered by the second respondent and the same is also under investigation. Since the detenu, Abdul Kathar, has not been secured, the petitioner has come up with Habeas Corpus Petition No.769 of 2011. 3. Today, when both the Habeas Corpus Petitions were taken up, the learned Additional Public Prosecutor has produced a status report filed by the Inspector of Police, Ariyamangalam Police Station, Trichy, wherein it is stated that the detenue in Habeas Corpus Petition No.704 of 2011 and the detenu in Habeas Corpus Petition No.769 of 2011 have eloped and their whereabouts are not known. It is further stated that both the cases are under investigation and the investigations are in progress. 4. We have considered the above submissions. As of now, there are no materials before us to prima facie conclude that there is illegal detention of any of the detenus. It appears to be a case of elopement. The Investigating Officer in the status report has also stated so. The investigation in both the cases are taken in the right direction. In these circumstances, we are of the view that no further orders are necessary. https://hcservices.ecourts.gov.in/hcservices/ 3 5. With the above observations, these Habeas Corpus Petitions are dismissed, however, with a direction to the police to investigate both the cases, expeditiously. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District. 2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District. 3.The Inspector of Police, Ariyamangalam Police Station, Trichy. 4.The Commissioner of Police, Trichy. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Smn SR : 20.12.2011 : 3p/6c COMMON ORDER MADE IN H.C.P(MD)Nos.769 and 704 of 2011 30.11.2011 https://hcservices.ecourts.gov.in/hcservices/