Peterkamesh v. The Superintendent Of Police
H.C.P.(MD) No.628 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.628 of 2021 Peterkamesh ... Petitioner/Husband of the detenu -vs1.The Superintendent of Police, Trichy District.
2.The Inspector of Police, Lalgudi Police Station, Trichy 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 secure the detenu and produce the person or body of the detenu Sunganthirani, W/o. Piterkamesh, aged about 20 and 1 1⁄2 year child P.Harivarnaarghase before this Court and set them at liberty. For Petitioner :
Mr.B.Karthikeyan For Respondents :
Mr.S.Ravi 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 wife by name Sunganthirani, aged about 20 years and his son by name P.Harivarnaarghase, aged about 1 1⁄2 years were found missing from 06.04.2021, the petitioner has filed a complaint before the second respondent police. But no investigation has been conducted by the second respondent to secure the detenu and hence, the Habeas Corpus Petition has been filed.
2. Today, when the matter is taken up for hearing, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, a crime has been registered by the respondent police in Crime No.260 of 2021 and the investigation is also in progress.
3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.628 of 2021 suitable orders regarding the custody of the detenu, in accordance with law. The Deputy Superintendent of Police, Lalgudi Police Station, Trichy District is directed to monitor the investigation.
4. With the above directions, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Trichy District.
2.The Inspector of Police, Lalgudi Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:- The Deputy Superintendent of Police, Lalgudi Police station, Trichy District.
H.C.P.(MD) No.628 of 2021 03.08.2021 RD(11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2