R.Manikandan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN R.Manikandan .. Petitioner Vs 1.The Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Kannankurichi Police Station, Kannankurichi, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing respondents to secure the petitioner's wife Sangeetha, wife of Manikandan, aged 35 years, missing from 12.10.2022 and produce the petitioner's wife Sangeetha, before this Court and set her at liberty.

For Petitioner : Mr.K.Kalaikovan For Respondents : 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 respondents to secure his wife Sangeetha, aged 35 years, missing from 12.10.2022 and produce her before this Court and set her at liberty.

2.

It is the case of the petitioner that he got married to Sangeetha on 19.10.2009 and through the wedlock, he has two children viz. Naveena and Nethira, aged about 13 and 12 years, respectively; he was living with his family within the limits of Kannankurichi Police Station in Salem; his wife Sangeetha went missing on 12.10.2022 and therefore, he started searching for her; ultimately, on a complaint given by him, a case in Kannankurichi Police Station Crime No.851 of 2022 was registered on 18.10.2022. Alleging

that the police are not taking effective steps to secure his wife, the petitioner has filed the present habeas corpus petition 3.

Today, R.Selvakumar (Mobile No.94981 66535), Head Constable 687, Kannakurichi Police Station, Kannakurichi, Salem District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that the petitioner's wife Sangeetha was suffering from some mental illness and therefore, she left the house of the petitioner; initially, her whereabouts are not known and subsequently, Sangeetha was found in a bus stop in Karaikudi by her brother-in-law Karthik and was taken to her sister Murugeswari's house in Thiyagadurgam; the petitioner was also informed; while the petitioner was taking steps to take his wife back, Sangeetha consumed poison and attempted to commit suicide in the house of Murugeswari and thereafter, Sangeetha was rushed to M.G. Hospital on 29.10.2022 and from there, she was shifted to Ammani Hospital in Salem at the instance of the petitioner; since it is the case of attempt to commit

suicide, she was referred to the Government Hospital, Salem; on 30.10.2022, around 9.00 a.m. Sangeetha was admitted as an inpatient in the Government Hospital, Salem, where, she died at 1.55 p.m. on the same day; in this connection, a fresh case in Thiyagadurgam Police Station Crime No.266 of 2022 has been registered under Section 174 Cr.P.C. and investigation is in progress; after inquest and postmortem, the body of Sangeetha was also handed over to the petitioner, who has completed the funeral.

In such view of the matter, nothing survives in this habeas corpus petition and accordingly, the same stands closed. (P.N.P., J.) (TKRJ) 07.11.2022 nsd

To 1.The Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Kannakurichi Police Station, Kannakurichi, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai - 600 104.

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd 07.11.2022