R.Kavitha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN H.C.P.No.221 of 2022 R.Kavitha ..Petitioner Vs.

State by 1.The Inspector of Police Sulur Police Station Coimbatore Coimbatore District 2.The Superintendent of Police Superintendent of Police Office No.62, Old Post Office Road Railway Station, Opp. to Collector Office Gopalapuram Coimbatore ..Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 1st respondent to secure and produce the petitioner's husband G.Raja, aged 41 years, S/o.Ganesh before this Court and set him at liberty.

For Petitioner :

Mr.T.Dhamodharan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the 1st respondent to produce the body of the detenu viz., G.Raja, aged about 41 years, S/o.Ganesh, before this Court and set him at liberty.

2. It is the case of the petitioner that her husband Raja, aged about 41 years, went missing since 13.09.2021 and that the police are not taking effective steps to secure him and hence, this petition.

3. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Sulur P.S. Crime No.898 of 2021 has been registered for 'man missing' and during the course of investigation, it came to light that Raja had an affair with one Priya and had eloped with her.

4. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Karumathampatti, to monitor the investigation in Sulur P.S. Crime No.898 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu viz., Raja is secured, he shall be produced before the Judicial Magistrate, Sulur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenu.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar gya To 1.The Judicial Magistrate, Sulur.

2.The Deputy Superintendent of Police, Karumathampatti.

3.The Inspector of Police, Sulur Police Station, Coimbatore, Coimbatore District.

4.The Superintendent of Police, Superintendent of Police Office, No.62, Old Post Office Road, Railway Station, Opp. to Collector Office, Gopalapuram, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.221 of 2022 PMK (CO) PR (23/02/2022)