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Madras High CourtHCP/1144/2021closed

Kasinathan v. State Rep By

2021-07-28Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.1144 of 2021 Kasinathan ...

Petitioner/Husband of the detenue Vs.

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

2.The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the detenues Sivaranjini, aged about 26 years, wife of Kasinathan and minor son Dev, aged about 2 years, son of Kasinathan and entrust the custody of the detenues to the petitioner.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to secure the petitioner's wife Sivaranjini, aged about 26 years and his son Dev, aged about 2 years and entrust their custody to him.

2.

It is the case of the petitioner that he got married to Sivaranjini and through her, he begot a child viz., Dev, aged about 2 years. It is the further case of the petitioner that Sivaranjini and Dev went missing from 08.07.2021 and that the police are not taking effective steps to secure them. 3.

On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a case in Veraiyur Police Station Crime No.355 of 2021 was registered on 10.07.2021 for 'woman and boy missing' and investigation is in progress.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Thiruvannamalai Sub-division, to monitor the investigation in Veraiyur Police Station Crime No.355 of 2021 and keep the petitioner informed of the developments, if any. As and when Sivaranjini, aged about 26 years and Dev, aged about 2 years, are secured, they shall be produced before the Judicial Magistrate Court, Thiruvannamalai, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Thiruvannamalai.

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

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

4.The Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

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

+1cc to Mr.R.Sankarasubbu, Advocate Sr.36350 H.C.P.No.1144 of 2021 rgn[co] srg 23/08/2021