E.Shanthi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.1835 of 2021 E.Shanthi .. Petitioner Vs.
1.The Commissioner of Police, Office of the Commissioner of Police, Avadi Range, Avadi.
2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Ambattur Range, Ambattur, Chennai - 600 053.
3.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Poonamallee Taluk, Poonamallee, Chennai - 600 056.
4.The Inspector of Police, T-12, Poonamallee Police Station, Ambattur, Chennai.
5.R.Suresh .. 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 husband Elango (46 years) before this Court from the illegal custody of the 5th respondent within the period stipulated by this Court and set him at liberty. For Petitioner : Mr.M.Raja For RR 1 to 4 : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's husband Elango (46 years) before this Court from the illegal custody of the 5th respondent within the period stipulated by this Court and set him at liberty.
2.
It is the case of the petitioner that her husband Elango, aged about 46 years, went missing from 13.08.2021 and that the police are not taking effective steps to secure him. 3.On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Poonamallee Police Station Crime No.1295 of 2021 has been registered on 29.08.2021 for 'man missing' and during the course of investigation, it came to light that the said Elango was in deep debts and therefore, in order to avoid his creditors, he has gone hiding.
Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Poonamallee Sub-Division, to supervise the investigation in Poonamallee Police Station Crime No.1295 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Elango, aged about 46 years, is secured, he shall be produced before the Judicial Magistrate Court No.II, Poonamallee, 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(CCC) //True Copy// Sub Assistant Registrar Nsd To 1.The Judicial Magistrate No.II, Poonamallee. 2.The Commissioner of Police, Office of the Commissioner of Police, Avadi Range, Avadi.
3.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Ambattur Range, Ambattur, Chennai - 600 053.
4.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Poonamallee Taluk, Poonamallee, Chennai - 600 056.
5.The Inspector of Police, T-12, Poonamallee Police Station, Ambattur, Chennai.
6.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Raja, Advocate SR.No.58584 H.C.P.No.1835 of 2021 PA(CO) GN(01/12/2021)