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Madras High CourtHCP/543/2021closed

S.Alicemary v. The State Rep.By

2021-04-15Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.543 of 2021 S.Alicemary .. Petitioner Vs.

State represented by 1.The Commissioner of Police, Office of the Commissioner of Police, Vepperi, Chennai.

2.The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to retrieve the petitioner's husband Satish @ Sathishkumar, son of Sekar and produce him before this Court and set him at liberty.

For Petitioner : Mr.S.V.D.Rajendra Prasad For Respondents : Mr.R.Prathap Kumar, Addl. 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 2nd respondent to retrieve the petitioner's husband Satish @ Sathishkumar, son of Sekar and produce him before this Court and set him at liberty.

2.

It is the case of the petitioner that her husband Satish @ Sathishkumar, son of Sekar, went missing from 25.11.2019 and that the police are not taking effective steps to secure him.

3.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Kannagi Nagar Police Station Crime No.36 https://hcservices.ecourts.gov.in/hcservices/

of 2020 for 'man missing' was registered on 17.01.2020. During the course of investigation, it came to light that on account of marital discord, the detenu Satish has left home. Recording the same, this habeas corpus petition is closed with a direction to the Assistant Commissioner of Police, Thuraippakkam, to monitor the investigation in Kannagi Nagar Police Station Crime No.36 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenu viz., Satish @ Sathishkumar, son of Sekar, is secured, he shall be produced before the Judicial Magistrate Court No.II, Alandur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner of Police, Office of the Commissioner of Police, Vepperi, Chennai.

2.The Assistant Commissioner of Police, Thuraipakkam.

3.The Judicial Magistrate No.II, Alandur.

4.The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai.

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

6. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai 9 +1 cc to Mr.S.V.D.Rajendraprasad, Advocate, SR.No.22835 H.C.P.No.543 of 2021 PM(CO) NS(10/05/2021) https://hcservices.ecourts.gov.in/hcservices/