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2018 Supreme(Mad) 4280

IN THE HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, S. RAMATHILAGAM, JJ.
Selvaraj - Appellant
Versus
State - Respondent
H.C.P. No. 2309 of 2016
Decided On : 22-06-2018

Advocates Appeared:
For the Petitioners:M/s. V. Sakkarapani, Advocate.
For the Respondents: M/s. R. Ravichandran, G.A.

Headnote:

Indian Penal Code, 1860 - Section 304(A) - Criminal Trial - Offence of murder - Petition filed to direct the respondents to produce the body of the petitioners son namely, aged about 23 years before this Honble Court and set him at liberty - Held, Scope of the Habeas Corpus petitions in such cases of Man/Women missing cases, Court is of an undoubted opinion that the Constitutional Courts shall show some restraint in entertaining such Habeas Corpus petitions in relation to Man/Women missing cases - Habeas Corpus petition dismissed

JUDGMENT :

S.M. SUBRAMANIAM, J.

1. The present Habeas Corpus petition is filed to direct the respondents to produce the body of the petitioner's son namely, Kiruba, aged about 23 years before this Hon'ble Court and set him at liberty.

2. The contentions raised in the affidavit filed in support of the Habeas Corpus petition is that the petitioner is having two sons. His younger son namely, Kiruba completed his B.E., Mechanical Engineering course and was in search of job. The petitioner is running a petty shop at Thiruvilandur, Mayiladuthurai Taluk. The son of the petitioner went to Mayiladuthurai in bicycle to buy vegetables and he did not come back to home even after long time. The petitioner and his family members searched him in many places and the efforts taken by the family members and the petitioner went in vain. Thus, the petitioner is constrained to lodge a complaint before the 2nd respondent/Police on 04.06.2015 and the case was registered under the Man Missing case in Crime No.367 of 2015.

3. The learned Government Advocate appearing on behalf of the 2nd respondent/Police, relying the status report submitted by the 1st respondent contended that the 2nd respondent/Police had taken all initiatives to trace out the missing person. However, the entire efforts went in vain and the respondents could not able to secure the missing son of the petitioner. It is contended that the Inspector of Police, on 12.07.2015 had prepared a phamplet containing the personal details of the missing person, Mr.Kiruba along with his photo to the District Crime Record Bureau, Nagapattinam and the same was sent to all Police stations in Nagapattinam District and the photos of Kiruba was also pasted in all the police stations, and in all prominent places in and around Mayiladuthurai. The copies of the same were also sent to the neighboring Districts at Tiruvarur and Thanjavur on 30.12.2015. Further, efforts were taken, so as to compare the photograph of Kiruba with unidentified dead bodies in the same age group in the Tamil Nadu Police Crime and Criminal Tracking network system and also verified the un-identified dead bodies with the Railway Police, Mayiladuthurai. The photographs of the said Mr.Kiruba was also displayed in the T.V. local Channel, of Mayiladuthurai. Thereafter, the 2nd respondent constituted a special team to trace out the missing person. The said special team went to various places as detailed below:

Date

Team

Places Investigated

30.12.2015

S.S. I. Rmadoss, Constable 882, Prabakaran

Kumbakonam.

20.02.2016

S.S. I. Baskaran, & Constable 761 Kumararaja

Chidambram & Cuddalore

25.04.2016

S.S. I. Janarthanam, & Constable 882 Prabakaran

Ariyalur,& Jeyankondam.

10.06.2016

SSI. Bose & HC.347 Subramanian

Trichy, Manapparai & other Places nearyby

15.07.2016

SSI. Asokan, & Constable 975 Tamilselvan

Sethiyathoppu and Nearby in Cuddalore District

20.08.2016

SSI. Ravichandran, Constable 709 Sankar

Kumbakonam and Thanjavur.

25.09.2016

SSI. Kamaraj and HC.1123 Rengarajan

Sirkali, and Karaikal

19.10.2016

SSI. Jayasankar and Gr.I. PC. 1959 Jayaseelan

Thiruvarambur and Ponmalai

25.11.2016

SSI. Baskaran & HC.1875 Arjunan

Thirukkattupalli and Kumarachi.

05.01.2017

SSI. Janarthanam HC.761 Kumararaja

Porayar and other Places

19.02.2017

SSI. Manokaran and Ramadoss

Vallam & Chenkipatti.

30.03.2017

SSI. Tamilarasan Gr.I Constable 969 Jayaseelan

Kuthalam & Aduthurai

19.05.2017

SSI. Manokaran and HC.785 Uma Makeswaran

Peralam & Tiruvarur

4. The statements of the petitioner and his wife were also recorded by the 2nd respondent/Police. This apart, the 2nd respondent had sent Special Sub-Inspector(SSI), Raju to Cuddalore, and Women PC
















































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