Thangaraj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice P.RAJAMANICKAM H.C.P.No.415 of 2021 Thangaraj .. Petitioner Vs.

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

2.The Inspector of Police, Mallur Police Station, Mallur - 636 201, Salem District.

3.K.Ramachandran .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 herein to produce the body and person of the detenue by name Deepa, wife of Thangaraj, aged about 25 years, before this Court and set her at liberty.

For Petitioner :

Mr.M.R.Jothimanian For RR 1 and 2 :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH,J.] This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 herein to produce the body and person of the detenue by name Deepa, wife of Thangaraj, aged about 25 years, before this Court and set her at liberty. 2.

It is the case of the petitioner that his wife Deepa, aged about 25 years, went missing from 02.03.2021 and that the police are not taking effective steps to secure her. 3.

On instructions, the learned Additional Public Prosecutor submitted that Deepa (detenue), was in love with one

Ramachandran, third respondent herein and she ran away with him on 27.01.2021, in connection with which, a petition enquiry in C.S.R.No.24 of 2021 was registered on 28.01.2021; Deepa (detenue) was secured on 31.01.2021 by the police and during enquiry, she stated that she was not willing to go with the petitioner and therefore, she went to live with her parents; now, once again Deepa (detenue) has run away with Ramachandran, third respondent, on 02.03.2021, in connection with which, on a complaint given by the petitioner, a case in Mallur Police Station Crime No.110 of 2021 for 'woman missing' was registered on 10.03.2021 and investigation is in progress.

Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Salem Rural Sub-Division, to monitor the investigation in Mallur Police Station Crime No.110 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Deepa, aged about 25 years, is secured, she may be produced before the Judicial Magistrate Court No.VI, Salem, under intimation to the petitioner.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.VI, Salem.

2.The Deputy Superintendent of Police, Salem Rural Sub-Division, Salem.

3.The Superintendent of Police, Salem District, Salem.

4.The Inspector of Police, Mallur Police Station, Mallur - 636 201, Salem District.

5.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1cc to Mr.M.R. Jothimanian, Advocate, sr no.15782 H.C.P.No.415 of 2021 GPL(CO) RMP(24/03/2021)