Sujitha v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.No.2092 of 2021 Sujitha W/o.Arul Prakash

...Petitioner

Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Veppery, 2.The Deputy Commissioner of Police, T.Nagar, Chennai.

3.Kaliyan The Assistant Commissioner of Police, Valarasaravakkam Wing, 4.Abraham The Inspector of Police, Valasaravakkam Police Station, Valasaravakkam,

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 to 3 to produce the petitioner's husband Arul Prakash, aged about 42 years, from the illegal custody of fourth respondent, before this Court and set him at liberty.

For Petitioner : Mr.P.Govindarajan For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 to 3 to produce the petitioner's husband Arul

Prakash, aged about 42 years, from the illegal custody of fourth respondent, before this Court and set him at liberty.

2. It is the case of the petitioner that her husband Arul Prakash is in the illegal custody of the respondent police and in order to set him free, the present petition has been filed.

3. On our directions, Mr.V.Abraham Cruz Durairaj, Inspector of Police, Valasaravakkam Police Station, has filed an affidavit dated 21.12.2021, wherein, he stated that on the complaint given by one Ameela Jothini Gopalpillai, a case in Valasaravakkam P.S.Crime No.800 of 2021 has been registered on 23.11.2021 u/s.454 and 380 IPC and during the course of investigation, one Mani was arrested and he disclosed involvement of the other accused including Arul Prakash, the husband of the petitioner. The other accused in this case viz., Arumugam and Deepak are said to have voluntarily surrendered before the XVII Metropolitan Magistrate, Saidapet, on 17.12.2021. In paragraph No.14 of the affidavit, it is clearly stated that Arul Prakash is not in the illegal custody of the police and that they are taking effective steps to trace him as he is involved in the said offence.

Recording the aforestated affidavit, this Habeas Corpus Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar gm To 1.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Veppery, 2.The Deputy Commissioner of Police, T.Nagar, Chennai.

3.The Assistant Commissioner of Police, Valarasaravakkam Wing,

4.The Inspector of Police, Valasaravakkam Police Station, Valasaravakkam, 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.2092 of 2021 BS(CO) SP(23/12/2021)