Madras High CourtHCP(MD)/635/2022dismissed

S.Kanagalakshmi v. The Superintendent Of Police

2022-04-28Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.635 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.635 of 2022 S.Kanagalakshmi ... Petitioner/ Wife of Detenue -vs1.The State Represented by The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Dindigul District.

3.The Sub-Inspector of Police, Ottanchatram Police Station, Ottanchatram, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the second respondent to produce the petitioner's husband, namely, Veliyapandian, (aged 42 years), S/o.Velangaipulipandian, before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.V.Sakthi 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 the person of her husband Veliyapandian, aged about 42 years.

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H.C.P.(MD) No.635 of 2022

2. According to the petitioner, he went missing on 21.01.2022 and despite her complaint, the police have not taken any steps to secure the detenu.

3. Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the respondents, would, upon instructions, submit that the detenu was facing financial trouble since he has borrowed heavy and he has walked out the house on his own.

4. Recording the statement made by the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed since it is not a case of illegal detention. The jurisdiction police is directed to pursue the 'Man Missing' case to its logical conclusion. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) am To:

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District.

3.The Sub-Inspector of Police, Ottanchatram Police Station, Ottanchatram, Dindigul District.

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

+1 CC to M/s.V.SAKTHI, Advocate ( SR-22259[F] dated 28/04/2022 ) H.C.P.(MD) No.635 of 2022 28.04.2022 RK(23/05/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2