Madras High CourtHCP(MD)/361/2021closed

S.Easwari v. The Superintendent Of Police

2021-08-27Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice R. Pongiappan2 pages

H.C.P.(MD) No.361 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE R.PONGIAPPAN H.C.P.(MD) No.361 of 2021 S.Easwari ... Petitioner/ Wife of the Detenu vs.

1. State represented by The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Kandamanur Police Station, Kandamanur, Theni District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the first and second respondents to produce the body and the person of the petitioner's husband Mr.Sekar, S/o.Mookiah, aged about 44 years who is a detenu herein, before this Court and set him liberty to the petitioner.

For Petitioner :

Mr.B.Narayanram For Respondents :

Mr.T.Senthil Kumar Standing Counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN,J.) Alleging that the petitioner's husband by name Sekar, aged about 44 years, is found missing from 14.11.2019, the petitioner has given a complaint before the second respondent police. But, so far no action has been taken by the respondent police to secure the detenu. Hence, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.T.Senthil Kumar, learned Standing Counsel appearing for the State, on instructions would submit that the petitioner's husband viz., Sekar has eloped with the co-worker by name Thangamani and gone to Tiruppur and working there.

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H.C.P.(MD) No.361 of 2021

3. Considering the above facts, there is no illegal detention as alleged by the petitioner. Hence, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) ebsi/akv 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, Theni District, Theni.

2.The Inspector of Police, Kandamanur Police Station, Kandamanur, Theni District.

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

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