M.Prema v. Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN M.Prema .. Petitioner Vs 1.The Deputy Commissioner of Police, Kallakurichi, Kallakurichi District.
2.The Inspector of police, Chinnasalem police Station, Chinnasalem, Kallakurichi District.
3.A.Annamalai 4.Vasantha 5.Periyasamy .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent to produce the body of the petitioner's husband A.Murugesan, aged about 32 years, respectively, before this Court, set him at liberty.
For Petitioner : Mr.L.Rajendran For RR 1 and 2 : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the second respondent to produce her husband A.Murugesan, aged about 32 years, before this Court and set him at liberty. 2.
It is the case of the petitioner that she got married to Murugesan on 04.12.2016 and she went to her natal home for delivery. It is the allegation of the petitioner that the whereabouts of her husband were not known and when she contacted respondents 3 to 5, who are the parents and brother of Murugesan, respectively, they refused to disclose his whereabouts; hence, she gave a complaint to the second respondent police on 08.06.2022, in which, a petition enquiry in C.S.R.No.380 of 2022 has
been registered. On these allegations, the present habeas corpus petition has been filed by the petitioner.
3.
Today, N.Manickam (Mobile No.94446 16452), Special SubInspector of Police, Chinnasalem Police Station, Kallakurichi District, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that Murugesan is not in Chinnasalem and the initial enquiry conducted by the police revealed that Murugesan came to know that the petitioner was having intimacy with someone and out of frustration, Murugesan has gone somewhere to Kerala.
5.
Be that as it may, we direct the Inspector of police, Chinnasalem police Station, Kallakurichi District, to register a regular FIR for "man-missing" in C.S.R.No.380 of 2022 and take effective steps to secure Murugesan. As and when the detenu Murugesan, aged about 32 years, is secured, he shall be produced before the Judicial Magistrate Court
No.II, Kallakurichi District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.
With the above directions, this habeas corpus petition stands closed. (P.N.P., J.) (TKRJ) 28.10.2022 nsd
To 1.The Judicial Magistrate No.II, Kallakurichi District.
2.The Deputy Commissioner of Police, Kallakurichi, Kallakurichi District.
3.The Inspector of police, Chinnasalem police Station, Chinnasalem, Kallakurichi District.
4.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd 28.10.2022