Sekar v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1573 of 2021 Sekar ... Petitioner Vs.

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

2.The Inspector of Police, Natrampalli Police Station, Thirupathur District.

(Crime No.388 of 2021) ... 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 body and person of the detenues by name 1) Kowsalya, wife of Sekar, aged about 24 years 2) Rishi, son of Sekar, aged about 4 years 3) Rohith, son of Sekar, aged about 3 years, before this Court and set them at liberty. For Petitioner : Mr.S.Sasikumar For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

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 wife Kowsalya, aged about 24 years and children Rishi, aged about 4 years and Rohith, aged about 3 years, before this Court and set them at liberty.

2.

It is the case of the petitioner that he got married to Kowsalya and through the wedlock, he has two children viz., Rishi, aged about 4 years and Rohith, aged about 3 years. It is the further case of the petitioner that his wife and children went missing from 20.08.2021 and thereafter, their whereabouts are not known. It is the grievance of the petitioner that the police are not taking effective steps to secure them. 3.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Natrampalli Police Station Crime No.388 of 2021 was registered for 'woman and boys missing' on 21.08.2021 and investigation is in progress.

In view of the above, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Vaniyampadi, to supervise the investigation in Natrampalli Police Station Crime No.388 of 2021 and keep the petitioner informed of the developments, if any. As and when Kowsalya, aged about 24 years, Rishi, aged about 4 years and Rohith, aged about 3 years, are secured, they shall be produced before the Judicial Magistrate Court No.III, Thirupathur, 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 VIII) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.III, Thirupathur.

2.The Deputy Superintendent of Police, Vaniyampadi.

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

4.The Inspector of Police, Natrampalli Police Station, Thirupathur District.

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

H.C.P.No.1573 of 2021 svI[co] srg 28/10/2021