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2009 DIGILAW 5715 (MAD)

B. Kanthammal v. The Secretary to Government, Home Department & Others

2009-12-18

M.CHOCKALINGAM, V.PERIYA KARUPPIAH

body2009
Judgment M. CHOCKALINGAM, J. Seeking a Writ of Habeas Corpus, the petitioner, Mrs.B.Kanthammal, aged 75 years who is the mother of the detenu, John Lawrence Lessly, aged 51 years, has brought forth this application. 2. The learned counsel for the petitioner would submit that the son of the petitioner, aged 51 years who was employed in Perambur Loco, left to work on 3. 2009 and did not return home. She gave a complaint to the respondent Police but no steps have been taken Under such circumstances, the present Habeas Corpus Petition has been brought forth. 3. The Court heard the learned Additional Public Prosecutor appearing for the respondents on the above contentions. 4. According to the learned counsel for the respondents, it is true that a complaint was given, but it was given only on 110. 2009 and a case was registered in Crime No.674/2009 for man missing. The investigation is pending and the detenu is not yet secured. He further submitted that on verification from the office of the detenu at Perumbar Loco, it is seen that the detenu did not go for work from 3. 2009 onwards. 4. Since the detenu was found missing from 3. 2009, the complaint was given only on 110. 2009 i.e., nearly after a period of seven months, the detenu is also not attending his work from 3. 2009 and a case came to be registered for man missing, the Court is of the considered opinion that instead of keeping the matter pending, it would be fit and proper to issue a direction to the third respondent police to take effective steps to secure him and produce before the Court. 5. Accordingly, the third respondent is directed to take effective steps to secure the detenu, John Lawrence Lessly within a period of three months from today and produce him before the Court. If he is not secured within a period of three months, there is no impediment for the petitioner to approach the Court again. 6. With the above direction, the Habeas Corpus Petition is disposed of.