S.Solla Sundaram v. The Inspector Of Police
In the High Court of Judicature at Madras Dated: 09.12.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.587 of 2015 S.Solla Sundaram .... Petitioner Vs.
1. The Inspector of Police, Valavanthinadu Police Station, Namakkal District.
2. Kulanthai @ Ponnusamy .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the first respondent to produce the body and person of the petitioner's brother's wife Nallammal, aged about 38 years, before this Court and set her at liberty.
For Petitioner : Mr.K.A.Mariappan For Respondent: Mr.A.N.Thambidurai No.1 Addl. Public Prosecutor (Crl.Side)
O R D E R
(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the co-brother of the detenue Nallammal, for a direction to the respondents to produce the detenue before this Court and set her at liberty.
2. It is the case of the petitioner that his late brother's wife had gone missing on 11.11.2014, in connection with which, a case in Crime No.109 of 2014 has been registered by the respondent - police. Inspite of registration of the case, respondent - police https://hcservices.ecourts.gov.in/hcservices/
have not taken any steps to secure the detenue and hence the present petition.
3. Learned Additional Public Prosecutor, on instruction, submits that investigation is in progress in this case.
4. We find from the records that the respondent-police has issued public notice calling for information about the missing woman.
5. In such view of the matter, even according to the petitioner, the detenue being major, aged 38 years and that she developed intimacy with the second respondent and left the house on her own accord, it cannot be said that it is 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.109 of 2014 and keep the petitioner informed about the developments.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sl To
1. The Inspector of Police, Valavanthinadu Police Station, Namakkal District.
2. The Public Prosecutor, High Court, Madras. H.C.P.No.587 of 2015 VD (CO) kk 23/12 https://hcservices.ecourts.gov.in/hcservices/