S.Manikandan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.257 OF 2022 Manikandan ... Petitioner .Vs.

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

2. The Inspector of Police, Palladam Police Station, ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent herein to produce the petitioner's wife viz., Brindha, aged about 22 years and child viz., M.Dhakshinya, aged about 2 1⁄2 years, before this Court and set them at liberty. For Petitioner :

Mr.D.Padmanabhan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 2nd respondent herein to produce the petitioner's wife viz., Brindha, aged about 22 years and child viz., M.Dhakshinya, aged about 2 1⁄2 years, before this Court and set them at liberty.

2. It is the case of the petitioner that he got married to Brindha on 08.02.2019 and through the wedlock, he has a female child viz., Dhakshinya, aged about 2 1⁄2 years; while that being so, her wife and daughter went missing from 27.01.2022 and thereafter, their whereabouts are not known.

3. On instructions, the Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Palladam Police Station Crime No.104 of 2022 was registered for 'woman and girl missing' on 27.01.2022 and the preliminary enquiry revealed that Brindha had developed intimacy with one Sudhakar and eloped with him.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Palladam Sub-Division, to supervise the investigation in Palladam Police Station Crime No.104 of 2022 and keep the petitioner informed of the developments, if any. As and when Brindha, aged about 22 years and Dhakshinya, aged about 2 1⁄2 years, are secured, they shall be produced before the Judicial Magistrate Court, Palladam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To 1.

The Judicial Magistrate, Palladam, 2.

The Superintendent of Police, Tiruppur, Tiruppur District.

3.

The Deputy Superintendent of Police, Palladam Sub-Division,

4.

The Inspector of Police, Palladam Police Station, 5.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Padmanabhan, Advocate, S.R.No.10447 H.C.P.NO.257 OF 2022 PMK(CO) PBS/04/03/2022