A fisherman went missing after his boat capsized at sea in July 2020; his relative filed a habeas corpus petition seeking production of the person or body. The court was informed the body recovered and identified via DNA had already been handed to the family and cremated, and the final report was filed as action dropped.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.(MD)No.501 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.501 of 2020 and
CRL.M.P.(MD)No.4157 of 2020
Sathish Kumar
... Petitioner
-Vs-
Page 1 of 6
H.C.P.(MD)No.501 of 2020
5.The State of Tamil Nadu,
Rep. by the Principal Secretary, Home Department, Fort St.George, Chennai-600 009.
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents to produce the person and body of the missing fisherman by name Shibu, S/o. Varghese, aged about 25 years before this Court and set him at liberty.
For Petitioner : Mr.R.Alagumani For R1 to R3 : Mr.V.Malaiyendran Standing Counsel For R4 to R8 : Mr.S.Ravi, Additional Public Prosecutor
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H.C.P.(MD)No.501 of 2020
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J. ]
One Shibu, who is a fisherman, went for shipping on 24.07.2020 along with four others and went missing, when the boat capsized in the sea. A complaint was registered by Colachel Marine Police Station in Crime No.11 of 2020 on information given by one Stephen. Later, the investigation was transferred to Pudukadai Police Station and re-registered as Crime No.416 of 2020. One Sathish Kumar, S/o.Markus has filed this Habeas Corpus Petition, seeking a direction to produce the person or body of the missing fisherman by name Shibu, S/o.Varghese, aged about 25 years.
2.The learned Additional Public Prosecutor appearing for the respondents 4 to 8 states that a body was reached at Colachel seashore and after conducting DNA test, it was confirmed that the said body is of Shibu and it was handed over to the father of Shibu, who was cremated as per religious ceremony and final report in the case was filed on 14.02.2021 as 'action dropped'.
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H.C.P.(MD)No.501 of 2020
3.In the light of the above facts, nothing survives in this petition. Hence, this Habeas Corpus Petition is dismissed. Consequently, connected miscellaneous petition is closed.
[G.J., J.] & [R.P., J.]
04.02.2025
NCC : Yes / No Index : Yes / No
Yuva
To
Page 4 of 6
H.C.P.(MD)No.501 of 2020
5.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.
Page 5 of 6
H.C.P.(MD)No.501 of 2020
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA , J.
Yuva
H.C.P.(MD)No.501 of 2020
04.02.2025
Page 6 of 6
1 issue framed by the court
Whether a writ of habeas corpus could be issued to produce the missing fisherman Shibu or his body.
1 provisions across 1 enactments
Sathish Kumar
Union of India, Rep. by the Principal Secretary, Department of Agriculture and Co-operation, Ministry of Agriculture and Former Welfare (Fishing), Krishi Bhavan
Union of India, Rep. by the Principal Secretary, Ministry of Defence
Union of India, Rep. by the Principal Secretary, Ministry of Home Affairs
The State of Tamil Nadu, Rep. by the Principal Secretary, Department of Fisheries
The State of Tamil Nadu, Rep. by the Principal Secretary, Home Department
G. Jayachandran
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
