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Madras High CourtHCP(MD)/480/2022dismissed

A.Perumalsamy v. The Superintendent Of Police

2022-03-31Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.480 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.480 of 2022 A.Perumalsamy ... Petitioner/Husband of the detenu Vs.

1.The Superintendent of Police, Madurai District, Madurai.

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

... 1st and 2nd Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus to direct the respondents to produce the person or body or person of the detenue namely, Divya, D/o.Alagarsamy, aged about 22 years, who is the wife of the petitioner, before this Court and set the detenue at liberty. For Petitioner : Mr.K.Siva For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his wife Divya, who is said to be missing from 16.03.2022.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, he is doing milk business and the detenue went to the milk shop at about 7.00 a.m., on the said day. Since, she had not returned, the petitioner has filed a complaint with the respondent Police and a case has been registered in Crime No.64 of 2022 as a "Woman Missing" case. 4.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that she had eloped with her boy friend and the respondent Police had already registered the FIR and searched for her.

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H.C.P.(MD) No.480 of 2022

5. In view of the above, we do not see any illegal custody in this case. Hence, this Habeas Corpus Petition is dismissed, with a direction to the respondent Police to continue the investigation and secure the detenue.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To:

1.The Superintendent of Police, Madurai District, Madurai.

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

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

H.C.P.(MD) No.480 of 2022 31.03.2022 NSN(CO) KB(06.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2