Kohila v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Kohila W/o.Sundarasamy ..
Petitioner Vs.
1.
The Commissioner of Police Tiruppur City, Tiruppur.
2.
The Inspector of Police Tiruppur North Police Station Tiruppur City Tiruppur District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to produce the body and person of petitioner's husband Mr.Sundarasamy, W/o.Chinnasamy, aged about 61 years and set him at liberty forthwith. For Petitioner :
Mr.R.Prabakar For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.Sylvester John, Advocate Page Nos.1/6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity].
2. The central theme of the captioned HCP is, petitioner's complaint that her spouse Mr.Sundarasamy, aged 61 years, is missing from 16.09.2022 and a police complaint given by her (petitioner) on 27.09.2022 in the jurisdictional police station (Tiruppur North Police Station) vide Crime No.1165 of 2022 remains unattended.
3. Mr.R.Prabakar, learned counsel for petitioner submits that the petitioner has apprehension that the absentee may have been illegally detained by some one.
4. Issue notice Page Nos.2/6
5. Mr.R.Muniyapparaj, learned Additional Public Prosecutor (assisted by learned counsel Mr.Sylvester John) accepts notice for both respondents. Learned Prosecutor, on instructions from Mr.P.Kumar, Special SubInspector of Police, Tiruppur North Police Station, Tiruppur District, submits that pursuant to the aforementioned 27.09.2022 complaint given by the petitioner, a special team has been formed and investigation was kick started. Learned Prosecutor submits that the investigation thus far brings to light that this may not be a case of illegal detention and there appears to be some mental imbalance qua absentee but we express no opinion on this submission.
6. As prima facie, it appears to be a case which does not fall under the category of illegal detention and also taking into account the fact that the absentee is 61 years old, we deem it appropriate to dispose of the captioned HCP by saying that the respondents on locating the absentee shall produce him before the jurisdictional Magistrate (we are informed that jurisdictional Magistrate is Judicial Magistrate No.I, Tiruppur) with prior intimation to the petitioner. Jurisdictional Magistrate on such production shall proceed with Page Nos.3/6
the matter on its own merits and in accordance with law.
7. Learned Prosecutor, on instructions submits that four weeks from today would be realistic time frame for locating the absentee. This submission is also recorded.
8. While we drop curtains on the captioned HCP, we make it clear that all the rights and contentions of the absentee and / or anyone concerned for the absentee are preserved qua any other legal proceedings and rights are also preserved to come back to this Court with similar/same prayer if there is undue delay in locating the absentee.
9. Captioned HCP is disposed of with the aforementioned observations. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 08.06.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.4/6
To 1.
The Commissioner of Police Tiruppur City Tiruppur.
2.
The Inspector of Police Tiruppur North Police Station Tiruppur City Tiruppur District.
3.
The Public Prosecutor High Court, Madras.
Page Nos.5/6
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 08.06.2023 Page Nos.6/6