Mary Santha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mary Santha ... Petitioner -vs1.The State Represented by The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the detenu namely John Christopher, aged 60 years, son of Rajadhas before this Court and set him at liberty.

For Petitioner :Mr.N.S.Ramakrishna Dass For Respondents :Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the wife of the detenu seeking to produce the person or body of the petitioner's husband namely John Christopher, aged about 60 years before this Court.

2. The case of the petitioner is that her husband was taking treatment at Government Medical College Hospital, Asaripallam and her husband was missing from 28.08.2023 and the whereabouts of her husband is not known. A complaint was given and despite the registration of the case in Cr.No.79 of 2023 under 'Man Missing', no steps have been taken by the respondent police to find out the whereabouts of her husband, thereby, the petitioner has filed the present habeas corpus petition.

3. The second respondent has filed the elaborate status report.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a

case in Cr.No.79 of 2023 has been registered. During the course of investigation, it came to light that the alleged missing person namely John Christopher fell ill and he was taking treatment at Government Medical College Hospital, Asaripallam and on 28.08.2023 at 11.00 am., he came out of the hospital stating that the room was so hot and wanted to take rest under the shadow of trees and thereafter, he found missing. Several steps have been taken by the respondents to find out the missting person and the investigation is going on. He further submitted that as and when the missing person is traced, it will be intimated to the petitioner.

5. Recording the submission of the learned Additional Public Prosecutor, this habeas corpus petition is closed with a direction to the respondents to continue with the investigation and as and when the detenu is traced or secured, it has to be informed to the petitioner. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 04.06.2024 Index : Yes / No Internet : Yes / No am

To:

1.The State Represented by The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 04.06.2024