Kamatchi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1278 of 2021 Kamatchi

...Petitioner

Vs.

State represented by 1.The Superintendent of Police, O/o.Superintendent Of Police, Chengalpattu, Chengalpattu District.

2.The Inspector of Police, Thazhambur Police Station, Chengalpattu District, Chengalpattu.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenu by name Murugan, son of Elumalai, who is aged about 37 years, before this Court and set him at liberty.

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

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents herein to produce the body and person of the detenu by name Murugan, son of Elumalai, who is aged about 37 years, before this Court and set him at liberty. 2.

It is the case of the petitioner that her husband Murugan, aged about 37 years, went missing from 18.07.2021 and that the police are not taking effective steps to secure him. https://hcservices.ecourts.gov.in/hcservices/

3.

On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a case in Thazhambur Police Station Crime No.765 of 2021 was registered for 'man missing' on 20.07.2021 and the enquiry conducted so far revealed that the petitioner's husband is said to have eloped with one Revathi, living in the opposite house.

Recording the same, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Mamallapuram Sub-Division, to monitor the investigation in Thazhambur Police Station Crime No.765 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Murugan, aged about 37 years, is secured, he shall be produced before the Judicial Magistrate Court No.I, Chengalpattu, 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 VI) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.I, Chengalpattu.

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

3. The Superintendent of Police, O/o.Superintendent Of Police, Chengalpattu, Chengalpattu District.

4. The Inspector of Police, Thazhambur Police Station, Chengalpattu District, Chengalpattu.

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

+1cc to Mr.M.Kalaiyarasn, Advocate, S.R.No.42720 H.C.P.No.1278 of 2021 NRL[co] NSK 17/09/2021 https://hcservices.ecourts.gov.in/hcservices/