R.Premkumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.1932 of 2022 R.Premkumar S/o.Raghu ... Petitioner Vs.

1.The Superintendent of Police, The Office of the Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur District.

3.Illaya Kumar S/o.Vanangamudi ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the person of the detenues Gayatri w/o.R.Premkumar, aged about 25 years, Riya Sri d/o.R.Premkumar, aged about 6 years and Rithika Sri d/o.R.Premkumar, aged about 3 years, before this Court from the illegal custody of the third respondent and set them at liberty. 1/4

For Petitioner :

Ms.J.Pavithra For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the detenues Gayatri w/o.R.Premkumar, aged about 25 years, Riya Sri d/o.R.Premkumar, aged about 6 years and Rithika Sri d/o.R.Premkumar, aged about 3 years, before this Court from the illegal custody of the third respondent and set them at liberty.

2. It is the case of the petitioner that his wife Gayatri went missing with his two children Riya Sri and Rithika Sri from 23.08.2022 and that police are not taking effective steps to secure them.

3. Today, Mr.C.S.Rajasekar [HC 1298], Thiruvallur Taluk Police Station [Mobile No.: 94981 55824], is present.

4. On instructions, learned Additional Public Prosecutor submitted 2/4

that on a complaint given by the petitioner, a case in Thiruvallur Taluk P.S. Crime No.316 of 2022 was registered on 25.08.2022 for "woman and girl missing". During the course of investigation, it came to light that Gayatri developed an affair with the third respondent and had eloped with him.

5. In the aforestated circumstances, we direct the Deputy Superintendent of Police, Tiruvallur Sub-Division, to supervise the investigation in Thiruvallur Taluk P.S. Crime No.316 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenues are secured, they shall be produced before the Judicial Magistrate I, Tiruvallur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. With the above direction, this Habeas Corpus Petition is closed. [PNP, J.] [TKR, J.] 13.10.2022 Index: Yes/No gm P.N.PRAKASH, J.

and 3/4

RMT. TEEKAA RAMAN, J.

gm To 1.The Judicial Magistrate I, Tiruvallur.

2.The Superintendent of Police, The Office of the Superintendent of Police, Thiruvallur District.

3.The Deputy Superintendent of Police, Tiruvallur Sub-Division.

4.The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur District.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1932 of 2022 13.10.2022 4/4