JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of habeas corpus seeking a direction to the respondents to produce the body of Sathish Kumar, S/o Sankarasubbu, aged about 24 years, before this Court and set him at liberty.

1. On 10.06.2011, this habeas corpus petition was filed by Thiru.R.Sankarasubbu, Advocate, seeking the relief of production of the body and person of his son Sathish Kumar, aged 24 years. As per the affidavit sworn to by the petitioner, on 06.06.2011, Sathish Kumar met the Controller of Examinations of Dr.Ambedkar Law University and made a request to furnish provisional certificate to enrol himself before the Tamil Nadu State Bar Council, Chennai, on completion of his Law course. The next day, i.e., on 07.06.2011, his son Sathish Kumar came along with him to the High Court and returned home. After dinner, about 9.00 p.m., he left home in his motor cycle bearing registration No.TN 02 AQ 6869. Since Sathish Kumar did not return home, the petitioner tried to contact him through his cell number 98846 26124, but, there was no response. Immediately, about one hour past midnight, i.e. 1.00 a.m. of 08.06.2011, he met the Commissioner of Police and requested him to find out his son Sathish Kumar by tracing his whereabouts with the help of the cell phone tower location by the Cyber Crime police. The Commissioner accordingly referred the matter to the Cyber Crime police and about 2.00 a.m., they were able to locate the motor cycle of the petitioner’s son near I.C.F. North Colony Lake and the cell phone kept in the motor cycle pouch. Based on the written complaint given by the petitioner, a ‘man missing’ complaint was registered by the second respondent police, viz., Thirumangalam Police Station, in Crime Number 926 of 2011 on 08.06.2011. On seeing the abandoned motorcycle and cell phone, apprehending danger to the life of his son, the petitioner had approached this Court invoking its extraordinary jurisdiction under Article 226 of the Constitution of India.

2. In his affidavit, the petitioner has specifically stated that due to lack of manpower, the Inspector of Police, Thirumangalam Police Station (second respondent) is not conducting any effective scientific investigation to secure his son and hence, he is left with no other option, but, to invoke the writ jurisdiction of this Court.

3. On 10.06.2011, when this habeas corpus petition came up for hearing, a Division Bench of this Court directed the Commissioner of Police (first respondent) to form a special team immediately for tracing Sathish Kumar and adjourned the hearing to 13.06.2011. On that day, the learned Additional Public Prosecutor appearing for respondents 1 and 2 reported to this Court that five teams were formed and serious efforts were being taken to trace Sathish Kumar. Recording the same, the hearing of the petition was adjourned to 16.06.2011.

4. Meanwhile, on 13.06.2011, by 4.00 p.m., a TV news channel broadcast the news of a male body floating in the ICF Lake near ICF Railway Police Rest Room. Later, the body was identified as that of Sathish Kumar. Hence, the petitioner immediately approached this Court by filing M.P.No.1 of 2011, with a prayer to issue an interim direction to the first respondent to conduct post mortem of Sathish Kumar’s body by a team of doctors comprising forensic experts and a doctor of his choice and also to videograph the post mortem. The hearing of this habeas corpus petition along with M.P. No.1 of 2011 was advanced and was heard by the Division Bench on 14.06.2011.

5. After paying its anxious consideration to the submissions made, this Court constituted a special team of 3 doctors, including a doctor of the petitioner’s choice. The special team was instructed to videograph the entire post mortem examination and file a copy of the report to the Court soon after the conclusion of post mortem. Accordingly, post mortem report dated 15.06.2011 was submitted to the Court by the special