K.Sangeetha v. The Superintendent Of Police

In the High Court of Judicature at Madras Dated: 23.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.1173 of 2015 K.Sangeetha .. Petitioner Vs.

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Sub-Inspector of Police, C-5 Brammadesam Police Station, Tindivanam Taluk, Villupuram District.

3. The Junior Engineer, Dept of M/s.Tamil Nadu Generation and Distribution Corporation Ltd., (O&M/TANGEDCO) South Thiruchitrambalam, Villupuram District.

4. Mrs.Radhika .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's husband/detenu, viz., Mr.S.Kumar before this Court and set him at liberty.

For Petitioner : Mr.K.Maheswaran For Respondents: Mr.A.N.Thambidurai, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the wife of the detenu, S.Kumar, seeking direction to the respondents to produce the detenu before this Court and set him at liberty.

2. It is the case of the petitioner that her husband went missing, in connection with which a case in Crime No.245 of 2015 for man missing has been registered by the respondent police on 20.06.2015 and investigation is pending.

3. The respondent police have filed status report dated 19.11.2015 wherein they have stated that the petitioner and her husband used to quarrel and complaints were lodged before All Women Police Station, Tindivanam. Subsequent to that, the parties settled their disputes amicably on the intervention of the elders and the police personnel. It is seen that the detenu is working in the Tamil Nadu Electricity Board, Tiruchittrambalam and that he has not reported to duty. The respondent - police have formed a special team to trace the whereabouts of the detenu. In such circumstances, this Court is of the view that it is not a case of illegal detention warranting issuance of Writ of Habeas Corpus. Accordingly, this Habeas Corpus Petition stands closed with a direction to the respondent police to proceed with the investigation in Crime No.245 of 2015 and keep the petitioner informed about the developments.

Sl Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Sub-Inspector of Police, C-5 Brammadesam Police Station, Tindivanam Taluk, Villupuram District.

3. The Junior Engineer, Dept of M/s.Tamil Nadu Generation and Distribution Corporation Ltd., (O&M/TANGEDCO) South Thiruchitrambalam, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.K.Maheswaran, Advocate in SR.NO.63191 H.C.P.No.1173 of 2015 SV(CO) sd : 14/12/2015