Madras High CourtHCP(MD)/566/2022closed

Chinnadurai v. The Superintendent Of Police

2022-06-07Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P.(MD)No.566 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI H.C.P.(MD)No.566 of 2022 Chinnadurai : Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District Tirunelveli.

2.The Sub Inspector of Police, Moolakaraipatty Police station, Tirunelveli District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure petitioner's sister namely Sundaram, S/o.Ganapathy, aged 38 years and produce the detenue's body or person before this Court and set at liberty. For Petitioner : Mr.KA.Raamakrishnan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) It is the case of the petitioner that his sister Sundaram went missing from 24.03.2022 and that police are not taking effective steps to secure her.

2. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Moolakkaraipatty Police Station Crime No.51/2022 has been registered on 27.03.2022 for 'woman missing' and investigation is in progress to trace the whereabouts of Sundaram.

3. Thus, it cannot be stated that Sundaram is in the illegal custody of the respondents for the issuance of a Writ of Habeas Corpus. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Nanguneri to supervise the investigation in Moolakaraipatti Police Station Crime No.51/2022 and keep the petitioner informed of the developments, if any. As and https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.566 of 2022 when Sundaram is secured, she shall be produced before the Judicial Magistrate, Nanguneri, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody.

Sd/- Assistant Registrar (P & A) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR To 1.The Judicial Magistrate No.II, Nanguneri.

2.The Superintendent of Police, Tirunelveli District Tirunelveli.

3.The Deputy Superintendent of Police, Nanguneri.

4.The Sub Inspector of Police, Moolakaraipatti Police station, Tirunelveli District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in H.C.P.(MD)No.566 of 2022 Dated: 07.06.2022 SS(22/06/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2