R.Ravi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM H.C.P.No.292 of 2021 R.Ravi .. Petitioner/Husband of victim Women Vs.

1.The Superintendent of Police Tirupathur District, Tirupathur 2.State rep. by The Inspector of Police Ealagiri Police Station Ealagiri, Tirupathur District 3.K.Ravindran .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents to produce the person or body of the petitioner's wife and son viz. Sobiya and Minor R.Mouleeshwaran, aged about 25 years and 3 years respectively, before this Hon'ble Court and set them at liberty.

For Petitioner : Mr.C.Vinodhkumar For R1 and R2 : Mr.R.Prathap Kumar 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 respondents 1 and 2 to produce the person or body of the petitioner's wife and son viz. Sobiya and Minor R.Mouleeshwaran, aged about 25 years and 3 years respectively, before this Court and set them at liberty.

2. It is the case of the petitioner that his wife Sobiya has eloped with the 3rd respondent and has taken one of her sons (born through the petitioner) also with her and that the police are not taking effective steps to secure them and hence, this petition.

3. Today, Mr.V.Murugesan, SSI 304, Yelagiri Hills Police Station, Tirupathur District, is present before this Court.

4. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Yelagiri Police Station Crime No.94 of 2020 for 'woman and boy missing' has been registered. Investigation revealed that the petitioner's wife had developed illegal intimacy with the 3rd respondent, who is also a married person with children and has eloped with him.

Recording the same, this Habeas Corpus Petition is closed with a direction to the Deputy Superintendent of Police, Tirupathur Sub Division, to monitor the investigation in Yelagiri Police Station Crime No.94 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before the Judicial Magistrate No.III, Tirupathur.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar gya To 1.The Judicial Magistrate No.III Tirupathur 2.The Deputy Superintendent of Police Tirupathur Sub Division, 3.The Superintendent of Police Tirupathur District, Tirupathur 4.The Inspector of Police Ealagiri Police Station Ealagiri, Tirupathur District

5.The Public Prosecutor High Court, Madras.

+1 cc to M/s.G.Vinodh kumar Advocate sr10524 H.C.P.No.292 of 2021 aab(co) aa17/03/2021