Kalaiselvi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 534 of 2020 Kalaiselvi .. Petitioner Vs.

State rep. by 1.The Inspector of Police, Kanchipuram Taluk Police Station, Kanchipuram.

2.The Superintendent of Police, Kanchipuram District.

.. Respondents (R2 impleaded suo motu vide order dated 06.03.2020) Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents herein to produce the petitioner's husband namely Thennarasu, S/o.Narayanasamy, aged about 39 years before this Court and set him at liberty forthwith.

For Petitioner :

Mr.D.Ravichander For Respondents:

Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the respondents to produce the petitioner's husband namely Thennarasu, S/o.Narayanasamy, aged about 39 years, before this Court and to set him at liberty, the present habeas corpus petition has been filed.

2.It is the case of the petitioner that her husband Thennarasu, aged about 39 years, went missing from 21.11.2019 and that the police have not taken effective steps to secure him. 3.Today Mr.Devanand, Head Constable, B3 Kanchi Taluk Police Station, Kanchipuram is present.

4.On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Kanchipuram Taluk Police Station Crime No.814 of 2019 has been registered for 'man missing' and investigation is in progress. Investigation conducted so far revealed that Thennarasu had borrowed monies from various persons to the tune of Rs.45 lakhs and since he was unable to repay, he has gone into hiding. Investigation also revealed that the petitioner had spoken to her husband Thennarasu over mobile phone on 10.02.2021.

5.In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Kanchipuram to monitor the investigation in Kanchipuram Taluk P.S. Crime No.814 of 2019 and keep the petitioner informed of the developments, if any. As and when Thennarasu is secured, he may be produced before the Judicial Magistrate II, Kanchipuram under intimation to the petitioner. -s/dAssistant Registrar True Copy Sub-Assistant Registrar mmi To 1.The Inspector of Police, Kanchipuram Taluk Police Station, Kanchipuram.

2.The Superintendent of Police, Kanchipuram District.

3.The Deputy Superintendent of Police, Kanchipuram.

4.The Judicial Magistrate II, Kanchipuram.

5.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.D.Ravichander Advocate sr8386 H.C.P. No. 534 of 2020 gmI(co) aa03/03/2021