Vennila v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.306 OF 2022 Vennila ... Petitioner .Vs.

1. State: The Superintendent of Police, Thiruvallur District, Thiruvallur.

2. State: The Inspector of Police, B-6, Mappedu Police Station, Thiruvallur District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenu viz., Janakiraman, S/o.Kuppan, aged about 28 years, before this Court and set him at liberty.

For Petitioner :

Mr.M.P.Saravanan For Mr.K.Elumalai 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 to produce the body of the detenu viz., Janakiraman, S/o.Kuppan, aged about 28 years, before this

Court and set him at liberty.

2. It is the case of the petitioner that she got married to Janakiraman in the year 2016 and through the wedlock, she was blessed with two children; while that being so, her husband went missing from 31.01.2022 and thereafter, his whereabouts are not known.

3. On instructions, the Additional Public Prosecutor submitted that on a complaint lodged by the petitioner, a case in Mappedu Police Station Crime No.25 of 2022 was registered on 02.02.2022 for 'man missing' 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, Thiruvallur Sub-Division, to supervise the investigation in Mappedu Police Station Crime No.25 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu Janakiraman, aged about 28 years, is secured, he shall be produced before the Judicial Magistrate Court No.II, Thiruvallur, 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(CS VI) //True Copy// Sub Assistant Registrar nsd To 1.

The Judicial Magistrate No.II, Thiruvallur.

2.

The Deputy Superintendent of Police, Thiruvallur Sub-Division.

3.

The Superintendent of Police, Thiruvallur District, Thiruvallur.

4.

The Inspector of Police, B-6, Mappedu Police Station, Thiruvallur District.

5.

The Public Prosecutor, High Court, Madras.

H.C.P.NO.306 OF 2022 GPL(CO) PBS/15/03/2022