Balusamy 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.263 OF 2022 Balusamy ... Petitioner .Vs.

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

2. The Deputy Superintendent of Police, Panruti Sub-Division,

3. The Inspector of Police, Pudupettai Police Station, (Crime No.779 of 2021) ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenue by name Vijayalakshmi, aged about 21 years, wife of the petitioner herein, before this Court and set her at liberty. For Petitioner :

Mr.S.Sasikumar 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 respondents herein to produce the body and person of the detenue by name Vijayalakshmi, aged about 21

years, wife of the petitioner herein, before this Court and set her at liberty.

2. It is the case of the petitioner that he got married to Vijayalakshmi in the year 2015 and through the wedlock, he has two children viz., Rubasri and Sarathvelan, aged about 4 and 1 1⁄2 years, respectively; while that being so, his wife Vijayalakshmi went missing from 20.10.2021 and thereafter, her whereabouts are not known.

3. On instructions, the Additional Public Prosecutor submitted that on a complaint given by Muthuvel, father of Vijayalakshmi, a case in Pudupettai Police Station Crime No.779 of 2021 was registered for 'woman missing' on 23.10.2021 and investigation is in progress.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Panruti Sub-Division, to supervise the investigation in Pudupettai Police Station Crime No.779 of 2021 and keep the petitioner and Muthuvel informed of the developments, if any. As and when the detenue Vijayalakshmi, aged about 21 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Panruti, 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 No.II, Panruti, Cuddalore District.

2.

The Superintendent of Police, Cuddalore District, Cuddalore.

3.

The Deputy Superintendent of Police, Panruti Sub-Division,

4.

The Inspector of Police, Pudupettai Police Station, 5.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sasikumar, Advocate, S.R.No.10101 H.C.P.NO.263 OF 2022 PMK(CO) PBS/04/03/2022