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Madras High CourtHCP/1727/2025closed

M.Sasikala v. Superintendent Of Police,

2025-09-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR M.Sasikala W/o N.Moorthy ... Petitioner Vs.

1. Superintendent of Police, Collectorate Complex, Krishnagiri - 635 001

2. Inspector of Police, Shoolagiri Police Station, Krishnagiri District - 635 117.

... Respondents PRAYER: The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus, to direct the respondents to produce N.Moorthy H/o M.Sasikala, aged 27 years before this Court and set him at liberty. For Petitioner : Mr.A.Athishayaa For Respondents : Mr.A.Damodaran Additional Public Prosecutor - - - - -

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This Habeas Corpus Petition has been filed by the wife of the detenu seeking for a direction to produce her husband, N.Moorthy aged 27 years, before this Court and set him at liberty.

2. The case of the petitioner is that her husband was engaged in the large scale business of selling mint leaves. On 13.7.2025, he went to Bangalore to collect money from the purchasers for the mint leaves he had sold. However, he did not return home thereafter. Hence, she lodged a complaint before the respondent Police Station. Based on the complaint, FIR was registered in Crime No.284 of 2025 for 'man missing'. Since no action has been taken, the petitioner has filed the above petition.

3. Learned Additional Public Prosecutor would state that the petitioner's husband had obtained loan from many people and did not return the same. Earlier, on two or three occasions, her husband absconded and returned back. He would further state that he would secure him and will produce him before the concerned jurisdictional Court.

4. Heard both sides and perused the materials available on record.

5. The detenu is absconding only because of the loan which he had obtained from various persons and to evade payment of the same. There is nothing to suggest that the detenu is under illegal detention. The 2nd

respondent is directed to continue the investigation in 'man missing' case and file a final report as expeditiously as possible.

6. With the aforesaid direction, this Habeas Corpus Petition is closed.

(J.NISHA BANU, J.) (S. SOUNTHAR, J.) 08-09-2025 vsi To

1. Superintendent of Police, Collectorate Complex, Krishnagiri - 635 001

2. Inspector of Police, Shoolagiri Police Station, Krishnagiri District - 635 117.

3. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi 08-09-2025