T.Kumudha v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.1417 OF 2021 T.Kumudha ... Petitioner Vs.

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

2. The Inspector of Police, F-1, Gummidipoondi Police Station, Thiruvallur District.

3. Satheeshkumar ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent herein to produce the petitioner's husband N.Ajithkumar, son of Narayanan, aged about 24 years, before this Court and set him at liberty.

For Petitioner : Mr.V.Ramana Reddy For RR 1 and 2 : 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 2nd respondent herein to produce the petitioner's husband N.Ajithkumar, son of Narayanan, aged about 24 years, before this Court and set him at liberty.

2. It is the case of the petitioner that she was in love with one Ajithkumar, who is about ten years younger to her and got married to him on 23.07.2021 in a temple at Gummidipoondi. It is the grievance of the petitioner that her husband Ajithkumar is in the illegal detention of the third respondent, who is the elder brother of Ajithkumar.

3. On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a case in Gummidipoondi Police Station Crime No.312 of 2021 for 'man missing' was registered on 25.07.2021 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, Gummidipoondi, to supervise the investigation in Gummidipoondi Police Station Crime No.312 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Ajithkumar, aged about 24 years, is secured, he shall be produced before the District Munsif-cum-Judicial Magistrate, Gummidipoondi, 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-VII) // True Copy // Sub Assistant Registrar nsd To

1. The District Munsif-cum-Judicial Magistrate, Gummidipoondi.

2. The Deputy Superintendent of Police, Gummidipoondi.

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

4. The Inspector of Police, F-1, Gummidipoondi Police Station, Thiruvallur District.

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

+1cc to Mr.V.Ramana Reddy, Advocate, S.R.No.46833 H.C.P.No.1417 of 2021 RR(CO) RLP(06/10/2021)