Pradeepa v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.375 of 2016 Pradeepa .. Petitioner vs.

1.The State of Tamilnadu rep. by Superintendent of Police Nagapattinam District.

2.The Inspector of Police Vadaranyam Police Station Nagapattinam District.

3.Kaliyaperumal .. Respondents Habeas Corpus Petition has been filed for a Writ of Habeas Corpus, to direct the 2nd respondent police to produce the body of the petitioner's husband, namely,Kaliyaperumal Palani, S/o.Kaliyaperumal, aged 22 years, who is under the illegal detention of the 3rd respondent, before this Court and to set him at liberty.

For petitioner :Mr.R.Selvakumar For respondents :Mr.V.M.R.Rajentran, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed, by the wife of the detenu, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the 2nd respondent police to produce her husband, namely, Kaliyaperumal Palani, aged 22 years, before this Court, and to set him at liberty.

2. The petitioner has stated that she had married the detenu, on 15.11.2015. The said marriage had been registered at the office of the Sub-Registrar, Vedaranyam, on 21.11.2015. Thereafter, the 3rd respondent, who is the father-in-law of the petitioner, had https://hcservices.ecourts.gov.in/hcservices/

taken away the detenu and he is keeping him in his illegal custody. Therefore, the petitioner had lodged a complaint before the 2nd respondent police. The complaint lodged by the petitioner had been registered, by the 2nd respondent police, in Crime No.91 of 2016, as a "Man Missing" case. Since, no effective steps had been taken by the 2nd respondent police, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3. Mr.V.M.R.Rajentren, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, had submitted, on instructions, that the 2nd respondent police would investigate into the matter, and he would take appropriate steps in accordance with law.

4. In view of the said submissions made by the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, we find no reason to grant the relief, as prayed for in the present Habeas Corpus Petition. Hence, the present Habeas Corpus Petition stands dismissed. However, it is made clear that the 2nd respondent police shall continue the investigation to trace the detenu and shall take necessary steps, in accordance with law.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar paa To 1.The Superintendent of Police State of Tamilnadu Nagapattinam District.

2.The Inspector of Police Vadaranyam Police Station Nagapattinam District.

3. The Public Prosecutor High Court, Madras 1 cc to Mr.R. Selvakumar, Advocate, Sr. 24716 H.C.P.No.375 of 2016 KS (CO) kk 19/5 https://hcservices.ecourts.gov.in/hcservices/