R.Mullainathan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.629 of 2021 R.Mullainathan .. Petitioner Vs.

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

2.The Inspector of Police, Sirkali Police Station, Nagapattinam District - 609 110 Now Mayiladuthurai District.

.. Respondents CR No.267/2021 Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 2nd respondent herein to produce the body and person of the petitioner's wife Jayasri, W/o.Mullainathan aged about 48 years, before this Court and set her at liberty. For Petitioner :

Mr.M.Gnanasekar For Respondents:

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 2nd respondent herein to produce the body and person of the petitioner's wife Jayasri, aged about 48 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that his wife Jayasri, aged about 48 years, went missing from 01.04.2021 and that the police are not taking effective steps to secure her. https://hcservices.ecourts.gov.in/hcservices/

3.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Sirkali Police Station Crime No.267 of 2021 for 'woman missing' was registered on 03.04.2021 and during the course of investigation, it came to light that Jayasri has eloped with one Chelladurai, who is a native of Tirunelveli. Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Sirkali Sub-Division, to monitor the investigation in Sirkali Police Station Crime No.267 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Jayasri, aged about 48 years, is secured, she shall be produced before the Judicial Magistrate Court, Sirkali, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Sirkali.

2.The Deputy Superintendent of Police, Sirkali Sub-Division.

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

4.The Inspector of Police, Sirkali Police Station, Nagapattinam District - 609 110 Now Mayiladuthurai District.

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

+1cc to Mr.M.Gnana Sekar, Advocate SR.No.24607 H.C.P.No.629 of 2021 JP-II(CO) GMY(03/05/2021) https://hcservices.ecourts.gov.in/hcservices/