Shanmugam v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1391 of 2021 Shanmugam ... Petitioner Vs.

1.The Superintendent of Police, Puducherry East, 2.The Station House Officer, Orleanpet Police Station, 3.Ramu @ Sivaraman ... 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 petitioner's sister Sudha, sister of R.Shanmugam, aged about 34 years, before this Court, from the illegal custody of the 3rd respondent and set her at liberty. For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Mr.Bharatha Chakravarthy Public Prosecutor (Puducherry)

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents herein to produce the petitioner's sister

Sudha, sister of R.Shanmugam, aged about 34 years, before this Court, from the illegal custody of the 3rd respondent and set her at liberty.

2.

It is the case of the petitioner that his sister Sudha, aged about 34 years, who is a married woman and having three children, is in the illegal custody of Ramu @ Sivaraman, third respondent herein and it is the grievance of the petitioner that despite complaint to the police, no effective steps have been taken for securing her.

3.

On instructions, the learned Public Prosecutor (Puducherry) submitted that on a complaint given by the petitioner, a case in Orleanpet Police Station Crime No.0118 of 2021 for 'woman missing' was registered on 20.08.2021 and investigation is in progress.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Superintendent of Police, Puducherry East, to monitor the investigation in Orleanpet Police Station Crime No.0118 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Sudha, aged about 34 years, is secured, she shall be produced before the Judicial Magistrate No.II, Puducherry, 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 //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.II, 2.The Superintendent of Police Puducherry East,

3.The Station House Officer, Orleanpet Police Station, 4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.1391 of 2021 GPL(CO) SB(29/09/2021)