S.Kalaiselvi v. The Superintendent Of Police

H.C.P.(MD) No.226 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.226 of 2021 S.Kalaiselvi ... Petitioner -vs1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Solavanthan Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's husband Santhanasamy, aged 34, before this Court and set him at liberty. For Petitioner :

Mr.S.Baskar Mathuram For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the habeas corpus petition is to direct the respondents to produce the petitioner's husband, namely, Santhanasamy, aged about 34 years before this Court and set him at liberty.

2.Mr.S.Baskar Marutham, learned counsel for the petitioner would state that the petitioner is the wife of the detenu and their marriage was solemnized on 18.10.2020. Subsequently, the detenu is missing from 17.12.2020 and hence, she lodged a complaint with the second respondent, but no action was taken. Hence, she come forward with this petition.

He would further submit that a suitable direction may be given to the second respondent to secure the detenu.

3.Mr.K.Dinesh Babu, learned Additional Public Prosecutor, on instructions, would state that based on the complaint of the petitioner, a case in crime No.2009/2020 has been registered by the second respondent under 'man missing'. It also came to light during the investigation that the detenu was having love affairs with one Punitha, who is the native of Emaneswaram at Paramakudi and the second respondent is taking effective steps to secure the detenu. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.226 of 2021 4.In the light of the above statement of the Additional Public Prosecutor, we close the habeas corpus petition, however, the second respondent is hereby directed to speed up the investigation in Crime No.2009/2020 to secure the detenu at the earliest. 5.With the above observation, this habeas corpus petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Solavanthan Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.BASKAR MATHURAM, Advocate ( SR-8248[F] dated 02/03/2021 ) H.C.P.(MD) No.226 of 2021 02.03.2021 AC(CO) KB(17.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2