J.Ramesh, Aged 42 Years, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.406 of 2017 J. Ramesh ... Petitioner Vs State rep. By Sub Inspector of Police, E-2, Royapettah Police Station, Royapettah, Chennai - 600 014.

... Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the Respondents to produce the Petitioner's wife Mrs. Arthi @ Pinky, before this Hon'ble within the period stipulated by this Hon'ble Court and hand over the custody of Mrs.Arthi @ Pinky, 33 years to the petitioner.

For Petitioner :

M/s.P.Jeevanandam For Respondent :

Mr.V.M.R. Rajendran Additional Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the husband of Mrs.Arthi @ Pinky, aged about 33 years. According to the petitioner, Mrs. Arthi @ Pinky was mentally ill and she had been found missing from 04.01.2017 onwards. In this regard, the petitioner made a complaint to the respondent police, upon which, a case has already been registered in Crime No.14/2017 on 7.1.2017. Now the petitioner has come up with this Habeas Corpus Petition seeking appropriate direction.

2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

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3.From the narration of facts, it is crystal clear that Mrs. Arthi @ Pinky who is mentally ill has gone elsewhere. It is for the petitioner to make efforts to find her. Since we are convinced that there is no illegal detention, we are unable to issue any direction. Hence, this Habeas Corpus Petition is dismissed. However, it is made clear that the respondent police shall continue to investigate the matter. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar av/cse To

1. The Sub Inspector of Police, E-2, Royapettah Police Station, Royapettah, Chennai - 600 014.

2. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.P.Jeevanandam, Advocate, S.R.No.15675 H.C.P.No.406 of 2017 KK(CO) CA(05/04/2017) https://hcservices.ecourts.gov.in/hcservices/