Periannan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1517 of 2016 Periannan .... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Chennai.

2. The Inspector of Police, MGR Nagar Police Station.

.

..... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents 1 and 2 to produce the body of the detenues/petitioner's wife Saranya and daughter Anushree (aged about 4 years) and set them at liberty before this Court.

For Petitioner :

Mr.M.Guruprasad For R1 & R2 :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the husband of one Saranya and the father of one Anushree aged 4 years. According to the petitioner, one Mr. Vijay, who was

running a fish stall in his locality had developed illicit intimacy with his wife Mrs.Saranya. Despite his warning, she continued to have illicit intimacy with him. Thereafter, from 28.04.2016, his wife has gone missing along with the child. In this regard, her mother made a complaint upon which a case has been registered on the file of the second respondent in Cr.No.759 of 2016. Though a case was registered on 01.05.2016, neither the woman, nor her child have been secured, is the grievance of the petitioner. Therefore, he is before this Court with this petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the state.

3. From the averments made in the affidavit, it is crystal clear that the detenue Mrs.Saranya has eloped with Vijay along with the child.

4. The learned Additional Public Prosecutor would submit that the investigation done so far has also revealed the same. He would further submit that investigation is in progress.

5. From these averments and statements, we are satisfied that there is no illegal detention. Therefore, no direction as prayed for could be given in

this petition.

6. Hence, this petition is dismissed, however with a direction to the police to expedite the investigation.

kua (S.N.J.,) (V.B.D.J.,) 26.07.2016 To

1. The Commissioner of Police, Greater Chennai, Chennai.

2. The Inspector of Police, MGR Nagar Police Station.

3.The Public Prosecutor, High Court, Madras.

S.NAGAMUTHU J., AND V.BHARATHIDASAN, J.

kua H.C.P.No.1517 of 2016 26.07.2016