Madras High Court
S.Muthalagu @ Thangaraj vs The Commissioner Of Police on 23 July, 2014
Bench: S.Manikumar, V.S.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.07.2014
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE V.S.RAVI
HABEAS CORPUS PETITION(MD)No.763 of 2013
S.Muthalagu @ Thangaraj .. Petitioner
Vs.
1.The Commissioner of Police,
Trichy City,
Trichy.
2.The Inspector of Police,
Airport Police Station,
Trichy. .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution
of India to issue a Writ of Habeas Corpus directing the respondents to
produce the body or person of the detenue namely Pandi, S/o.Karuppaih, aged
about 34 years, before this Court and set him at liberty and pass such
further or other orders.
!For Petitioner : Mr.S.S.Annadurai
^For Respondents: Mr.C.Mayilvahana Rajendran,
Addl. Public Prosecutor.
:ORDER
(Order of the Court was made by S.MANIKUMAR, J) The petitioner is stated to be the cousin of the missing person Pandi, aged about 34 years. As per the supporting affidavit, both of them have worked in Kathar and returned to India on 04.06.2013. Since then Pandi was missing. A complaint, dated 05.07.2013, was made to the Commissioner of Police, Trichy.
2.As per the status report filed by the second respondent viz., Inspector of Police, Airport Police Station, Trichy, on receipt of the complaint, a case in Crime No.347 of 2013 has been registered under the caption 'man missing'. Investigation revealed that the missing person married one Madhavi of Karisalkulam, Manamadurai, on 15.03.2013. Marriage stated to have been celebrated in Valasaikadu Kannan Temple. Thereafter, the said Pandi had left for Kathar. Investigation further revealed that after returning from Kathar, he went for an urgent call and thereafter was missing. In the status report, dated 19.08.2013, the Inspector of Police, Airport Police Station, Tiruchirappalli has given the details of the steps taken and the same is extracted hereunder:
?Complainant side witnesses:
On 13.07.2013, the Inspector of Police examined the witnesses at Valasaikadu village in Sivagangai District. Talash Format:
The full details of the missing person Pandy was filled up and sent to the District Crime Records Bureau, Tiruchirappalli, with photograph for publishing the same for further action.
?Publicity in News Items:
In Thanjai Murasu daily newspaper published about the missing person Pandy.
I went to Viralimalai, Manapparai, Thogamalai, Ramjinagar and Somarasempettai Villages, and town areas, examined the villagers. Communication:
Further all particulars relating to the missing person Pandy with bit notices was sent to other District Crime Records Bureau for detention and apprehension.
Formation of a special party:
One special party was formed led by one Head Constable Veeramalai, and one other to locate the missing person on various parts of the State.
Later on 17.07.2013, I visited Sivagangai, Paramakudi, Kamudhi, Ramanathapuram, Devakottai, Coimbatore and Srirangam, examined the friends of Pandy but no useful clue.
On 18.07.2013 the special party personally visited several places in Tiruchirappalli city and examined the public and I also show the photograph of missing Pandy.
On 20.07.2013 the special party visited Vilupuram District Crime Records Bureau and perused the fatal and non fatal cases registered in various police stations. Halted at Villupuram. On 21.07.2013 the special party visited Ulundurpet, Perambalur, Samayapuram, Mannachanallur and Musiri, enquired the villagers. They also visited Thuraiyur, Eragudi and returned to headquarters after setting up informants.
On 24.07.2013 I visited Airport, Ponmalaipatti, Sembattu, Gundur, Keeranur, Kulathur and Pudukkottai and enquired the persons by producing the photograph of the missing person.
On 01.08.2013 I visited Srirangam, Navalpattu, Kulumani, Woraiyur, Contonment and Fort Police Stations and enquired about the missing person. On 05.08.2013 the special party visited Northamalai, Keeranur, Mandaiyursalai, Alangudi, Karambakkudi, Thirumayam, Karaikudi, enquired the persons by producing the photograph of the missing person but no clue. On 08.08.2013 the special party visited Kulithalai, Mahadhanapuram, Krishnarayapuram, Karur, Tiruppur and Coimbatore and enquired the persons by producing the photograph of the missing person but no clue Set up informats. 12.08.2013 I visited Srirangam, Samayapuram, Woraiyur enquired the village administrative officers and the police stations concerned. No useful clue.
During the course of investigation, it came to light that the missing Pandy is not willing to live with his newly wedded wife. Published the photograph of Pandy was published at Keeranur, Pudukkottai, Karaikudi, Annavasa, Sivagangai etc. places and enquired and informed the fact to the Village Administrative Officers concerned?.
3.According to him, the investigation revealed that the missing person Pandi is not willing to live with his newly wedded wife. Steps have also been taken to publish the photographs of the missing person at Keeranur, Pudukkottai, Karaikudi, Annavasal, Sivagangai and other places. Status report filed before this Court reflects the steps taken by the Inspector of Police, Airport Police Station, Tiruchirappalli City. Supporting affidavit does not disclose any allegation of detention. Case in Crime No.347 of 2013 has been registered under man missing and investigation has been done. In the light of the steps taken, this Court is not inclined to proceed further with the Habeas Corpus Petition. It is always open to the petitioner to move the Court of competent jurisdiction, if there is any allegation of an improper investigation.
4.This Habeas Corpus Petition is dismissed with a direction to the Investigating Officer to continue his investigation under Section 97 Cr.P.C.
To
1.The Commissioner of Police, Trichy City, Trichy.
2.The Inspector of Police, Airport Police Station, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.