Sarasu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice G.CHANDRASEKHARAN Sarasu .. Petitioner Vs 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's husband Vediappan, son of Thekkan @ Vediappan, Hindu, aged about 41 years, before this Court and set him at liberty.

For Petitioner : Mr.J.Bharathiraja 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 produce her husband Vediappan, son of Thekkan @ Vediappan, aged about 41 years, before this Court and set him at liberty.

2.

It is the case of the petitioner that her husband Vediappan had some disputes with his sister Vediammal in respect of their ancestral property; while so, Vediappan went missing from 28.03.2021 and that the police are not taking effective steps to secure him.

3.

Today, N.Chinnasamy (Mobile No.94981 69738), Special SubInspector of Police, Kaveripattinam Police Station, Krishnagiri District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Kaveripattinam Police Station Crime No.143 of 2021 was registered on 12.04.2021 for "man-missing" and during the course of investigation, it came to light that on account of frequent disputes with his sister Vediammal, Vediappan became depressed and went missing.

5.

In such view of the matter, it cannot be stated that Vediappan, aged about 41 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 Deputy Superintendent of Police, Krishnagiri Sub-Division, Krishnagiri District, to supervise the investigation in Crime No.143 of 2021 that is being conducted by the Inspector of Police, Kaveripattinam Police Station, Krishnagiri District and keep the petitioner informed of the developments, if any. As and when the detenu Vediappan, aged about 41 years, is secured, he

shall be produced before the Judicial Magistrate Court No.I, Krishnagiri District, 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.) (G.C.S., J.) 23.11.2022 nsd

To 1.The Judicial Magistrate No.I, Krishnagiri District 2.The Superintendent of Police, Krishnagiri District.

3.The Deputy Superintendent of Police, Krishnagiri Sub-Division, Krishnagiri District. 4.The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

5.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

and G.CHANDRASEKHARAN, J.

nsd 23.11.2022