Madhusoodhanan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Madhusoodhanan A.G.

.. Petitioner Vs 1.The Superintendent of Police, Ambattur.

2.State represented by The Sub-Inspector of Police, SRMC Police Station, Ambattur, Chennai - 600 056 ..

Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the corpus or body of the detenu (petitioner's wife), Sreelakshmi, aged about 24 years, before this Court and set her at liberty.

For Petitioner : Mr.T.Vijay 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 respondents to produce his wife Sreelakshmi, aged about 24 years, before this Court and set her at liberty. 2.

It is the case of the petitioner that his wife Sreelakshmi, aged about 24 years, went missing from 07.10.2022 and that the police are not taking effective steps to secure her.

3.

Today, S.John Bosco (Mobile No.882568491), Sub-Inspector of Police, T-15, SRMC Police Station, Ambattur, Chennai, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in SRMC Police Station Crime No.560 of 2022 was registered on 08.10.2022 and during the course of enquiry, it came to light that Sreelakshmi had an affair with one Vimal Prakash and has eloped with him; in fact, the petitioner himself has

handed over to the police a letter written by Sreelakshmi in Malayalam, wherein, she has stated that she is going with Vimal Prakash on her own volition.

5.

In such view of the matter, it cannot be stated that Sreelakshmi, aged about 24 years, is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

Hence, this habeas corpus petition stands closed with a direction to the Inspector of Police, SRMC Police Station, Ambattur, Chennai, to proceed with the investigation in Crime No.560 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Sreelakshmi, aged about 24 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Poonamallee, Chennai, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law. (P.N.P., J.) (TKRJ) 09.11.2022 nsd

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd To 1.The Judicial Magistrate No.I, Poonamallee, Chennai.

2.The Superintendent of Police, Ambattur.

3.The Sub-Inspector of Police, SRMC Police Station, Ambattur, Chennai - 600 056.

4.The Public Prosecutor, Madras High Court.

H.C.P.No.2243 of 2022 09.11.2022