Father filed a habeas corpus petition after his son, admitted in a de-addiction centre, went missing. The State reported that the detenu had been murdered; the missing-person case was altered to one under Section 302 IPC with four arrests made. Recording this stand, the petition was disposed of.
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H.C.P.(MD)No.1324 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.1324 of 2024
M.Thulasiraman
... Petitioner
Vs.
(Crime No. 587 of 2023).
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the 1st and
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H.C.P.(MD)No.1324 of 2024
2nd respondents to produce the body or person of the detenu namely Sindhuraj (aged 31) S/o. Thulasiraman before this Court and set him at liberty forthwith.
For Petitioner : Mr.C.Ramesh
For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1 to R3.
O R D E R
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.
2.The petitioner is the father of the detenu. The detenu was
admitted in a de-addiction centre. He was found missing. Hence, this habeas corpus petition came to be filed.
3.Today, ie., 20.01.2025 when the matter was taken up for hearing,
the learned Additional Public Prosecutor submitted that the detenu had been killed. He further added that the man missing case registered in Crime No.587 of 2023 on the file of Mattuthavani Police Station has
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H.C.P.(MD)No.1324 of 2024
since been altered and the offence under Section 302 of IPC had been
added. He also submitted that four persons have already been arrested and that they are on the look out for the remaining accused.
4.Recording the stand of the third respondent, this habeas corpus petition is disposed of.
(G.R.S. J.,) & (R.P. J.,) 20.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:-
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H.C.P.(MD)No.1324 of 2024
G.R.SWAMINATHAN, J. and R.POORNIMA, J.
ias
H.C.P.(MD)No.1324 of 2024
20.01.2025
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1 issue framed by the court
Whether the detenu Sindhuraj could be produced and set at liberty via writ of habeas corpus after he went missing from a de-addiction centre.
1 provisions across 1 enactments
M.Thulasiraman
The Commissioner of Police, Madurai City, Madurai
The Inspector of Police, South Zone, New Natham Road, Madurai
The Inspector of Police, Mattuthavani Police Station, Madurai
Ravindran
Kaladevi
G.R.Swaminathan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
