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Madras High CourtHCP/1221/2022closed

Selvakumar v. The Commissioner Of Police

2022-07-15Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2022 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Selva Kumar .. Petitioner Vs.

1.The State rep by the Commissioner of Police Erode District.

2.The Inspector of Police, Kadathur Police Station, Erode District.

Cr.No.124 of 2022.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 1st and 2nd respondents to produce the body of the detenue namely Boolamal @ Poonkodi w/o.Selvakumar aged 35years bodily in person before this Court and set her at liberty. For Petitioner : Mr.S.Parthasarathy For respondents : Mr.M.Babu Muthu Meeran, Addl. Public Prosecutor

ORDER

S. VAIDYANATHAN, J.

A.D. JAGADISH CHANDIRA, J.

This petition has been filed by the petitioner/husband of the detenue seeking to produce his wife/Boolamal @ Poonkodi aged 35 years who was found missing.

2. When the matter is taken up today, the learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner a case in Cr.No.124 of 2022 has been registered by the second respondent under the caption "woman missing". During the course of investigation, it came to light that the petitioner's wife has eloped with one Karthik - a married man. The wife of the said Karthik has also given a complaint, statement was also recorded from her, wherein she has stated that her husband Karthik had eloped with the wife of the petitioner. He would further submit that a Special team has been formed to locate the whereabouts of the missing woman/detenue and mobile tower location of the detenue has also been collected by the respondent police.

3. Recording the same, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Erode District. Kadathur Police station range to supervise the investigation in Kadathur Police Station, Erode District in Crime No.124 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue/Boolamal @ Poonkodi, aged about 35 years, is secured, she shall be produced before the Judicial Magistrate, Gobichettipalayam under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. (S.V.N., J.) (A.D.J.C., J.) 15.07.2022 tsh To 1.The Commissioner of Police, Erode District.

2.The Inspector of Police, Kadathur Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

S. VAIDYANATHAN, J.

A.D. JAGADISH CHANDIRA, J.

tsh 15.07.2022.