Sangavi v. The Superintendent Of Police, Ariyalur
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Sangavi .. Petitioner Vs 1.The Superintendent of Police, Ariyalur, Ariyalur District.
2.The Inspector of Police, Sendurai Police Station, Sendurai, Ariyalur - 621 714.
3.Ranganathan S/o.Late Kandasamy 4.Rasakumari W/o.Ranganathan 5.Revathi S/o.Koodi 6.Koodi S/o.Ranganathan .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the first respondent to produce the body of the petitioner's husband viz. Prabhu, S/o.Ranganathan, aged about 31 years, before this Court, who is in the custody of the respondents 3 to 6 and set him at liberty.
For Petitioner : Ms.Preethi S.Arasu 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 first respondent to produce her husband viz. Prabhu, S/o.Ranganathan, aged about 31 years, before this Court, who is in the custody of the respondents 3 to 6 and set him at liberty. 2.
It is the case of the petitioner that she got married to Prabhu on 18.05.2018 and through the wedlock, she has a son viz. Pradeep, who was
born on 31.03.2019. According to the petitioner, after delivery, she was in touch with her husband for about three months and thereafter, the whereabouts of her husband are not known to her. It is the further case of the petitioner that she had lodged a complaint with the Chief Minister's Special Cell and National Commission for Women and other authorities, but, to no avail. Suspecting that her husband is in the illegal custody of the respondents 3 to 6, who are her parents-in-law, sister-in-law and brother-inlaw, respectively, the petitioner has filed the present habeas corpus petition. 3.
Today, R.Senthil (Mobile No.94981 65616), Special SubInspector of Police, Sendurai Police Station, Ariyalur District, is present. 4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Sendurai Police Station Crime No.63 of 2022 was registered on 02.04.2022 for "manmissing" and the initial investigation revealed that Prabhu is employed somewhere in the Middle East.
5.
In such view of the matter, we direct the Deputy Superintendent of Police, Ariyalur Sub-Division, Ariyalur, to supervise the investigation in Crime No.63 of 2022 that is being conducted by the Inspector of Police, Sendurai Police Station, Ariyalur District and keep the petitioner informed of the developments, if any. As and when the detenu Prabhu, aged about 31 years, is secured, he shall be produced before the Judicial Magistrate Court, Sendurai, Ariyalur 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) 30.11.2022 nsd
To 1.The Judicial Magistrate, Sendurai, Ariyalur District.
2.The Superintendent of Police, Ariyalur, Ariyalur District.
3.The Deputy Superintendent of Police, Ariyalur Sub-Division, Ariyalur District.
4.The Inspector of Police, Sendurai Police Station, Sendurai, Ariyalur - 621 714.
5.The Public Prosecutor, Madras High Court.
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd H.C.P.No.2449 of 2022 30.11.2022