Manikandan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Manikandan .. Petitioner Vs 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Karimangalam Police Station, Karimangalam Taluk, Dharmapuri District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's wife, detenue, viz. Supriya, D/o.Manikandan, aged about 23 years, before this Court and set her at liberty.

For Petitioner : Mr.M.Selvam For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the respondents to produce his wife viz. Supriya, D/o.Manikandan, aged about 23 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that he got married to Supriya in the year 2019 and they were living happily without any dispute; while that being so, his wife Supriya went missing from 21.01.2021 and that the police are not taking effective steps to secure her. 3.

Today, P.Jawahar Kumar (Mobile No.94431 55011), Karimangalam Police Station, Dharmapuri District, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Karimangalam Police Station Crime No.49 of 2021 was registered on 24.01.2021 and investigation is in progress.

5.

In such view of the matter, it cannot be stated that Supriya,

aged about 23 years, is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Palacode Sub-Division, Dharmapuri District, to supervise the investigation in Crime No.49 of 2021 that is being conducted by the Inspector of Police, Karimangalam Police Station, Dharmapuri District and keep the petitioner informed of the developments, if any. As and when Supriya, aged about 23 years, is secured, she shall be produced before the Judicial Magistrate Court, Palacode, Dharmapuri District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.

(P.N.P., J.) (TKRJ) 02.12.2022 nsd P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd To 1.The Judicial Magistrate, Palacode, Dharmapuri District.

2.The Superintendent of Police, Dharmapuri District, Dharmapuri.

3.The Deputy Superintendent of Police, Palacode Sub-Division, Dharmapuri District.

4.The Inspector of Police, Karimangalam Police Station, Karimangalam Taluk, Dharmapuri District.

5.The Public Prosecutor, Madras High Court.

H.C.P.No.2480 of 2022 02.12.2022