M.Mageshwari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.2625 of 2022 M.Mageshwari W/o.Mariyappan .. Petitioner Vs.

1.The Superintendent of Police, 2.The Inspector of Police, Coonoor Police Station, .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the 2nd respondent to produce body or person of petitioner husband Mariyappan S/o. Senthilnayagam aged about 39 years before this Court and set him at liberty. For Petitioner :

Mr.S.Esakkimuthu For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

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[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the petitioner's husband Mariyappan S/o. Senthilnayagam, aged about 39 years, before this Court and set him at liberty. 2.The case of the petitioner is that her husband Mariyappan went missing from 29.09.2022 and that police are not taking effective steps to secure him. 3.Today, Mr.V.Selvaraj, Special Sub Inspector of Police, Upper Coonoor Police Station [Mobile No.94981 76289], is present. 4.On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Upper Coonoor Police Station Crime No.79 of 2022 has been registered for 'man missing' on 24.11.2022 and during the course of investigation, it came to light that the petitioner's husband borrowed money from various persons and had also received money on the promise of getting jobs. Anticipating that police complaint will be given against 2/4

him, he absconded.

5. Be that as it may, this Habeas Corpus Petition is closed with a direction to the Deputy Superintendent of Police, Coonoor, to supervise the investigation in Upper Coonoor Police Station Crime No.79 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu Mariyappan, aged about 39 years, is secured, he shall be produced before the Judicial Magistrate, Coonoor, Nilgiris District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. [P.N.P., J] [N.A.V., J] 20.12.2022 Index: Yes/No gm/ssr To 1.The Judicial Magistrate, Coonoor, Nilgiris District 2.The Superintendent of Police, P.N.PRAKASH, J and N.ANAND VENKATESH, J 3/4

gm/ssr 3.The Deputy Superintendent of Police, 4.The Inspector of Police, Coonoor Police Station, 5.The Public Prosecutor, High Court, Madras.

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