S.Esthar Rani, F/A 30 Yrs, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16..07..2019

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR HCP.No.844 of 2018 S.Esther Rani .. Petitioner

Versus

State Rep. by The Inspector of Police, S-11, Tambaram Police Station, Chennai 600 045.

.. Respondent Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to produce the petitioner's husband namely A.Suresh, S/o.Anthony aged 34 years before this Hon'ble Court and set him at liberty. For Petitioner :

Mr.V.Maharajan For Respondent :

Mr.C.Iyyappa Raj, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of the detenu. The detenue is stated to be missing from 12.07.2016 onwards. The petitioner has come up with this petition seeking a direction to the respondents for production of the detenu.

2. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the detenu has left the matrimonial home fearing an attack from the borrowers. The compliant itself has been given two months after the missing of the detenu.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, we do not find any illegal detention involved. Hence, this Habeas Corpus Petition is closed, however, with a the respondent Police to continue with the investigation and if the detenu is traced, he should produced before the learned Judicial Magistrate. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kmk/pkn To

1. The Inspector of Police, S-11, Tambaram Police Station, Chennai 600 045.

2. The Judicial Magistrate, Tambaram, Chennai.

3. The Public Prosecutor High Court, Madras.

+1 cc to Mr.V.Maharajan, Advocate, S.R.No.59922 H.C.P.No.844 of 2018 SPD(CO) SSM(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/