Madras High CourtHCP(MD)/471/2017closed

K.M.Sriram v. The Commissioner Of Police

2017-04-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.[MD].No.471 of 2017 K.M.Sriram : Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Alagar Kovil Road, Madurai-2.

2.The Inspector of Police, Keerathurai Police Station, Madurai-2.

3.Jothi 4.Pandi 5.Nagendran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the bodies or persons of the detenues, 1.Petitioner's wife K.S.Meenadevi, W/o. Sriram, aged about 28 years, 2.Petitioner's daughter Sandhya Pradhayini, D/o. Sriram, aged about 9 years and 3.Petitioner's Son K.S.Niranjansree, S/o. Sriram, aged about 6 years before this Court and set them at liberty.

For Petitioner : Mr.M.Sendhilkumar For Respondents 1&2 : Mr.T.Mohan, Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that he has got two children through Meenadevi and that Meenadvi had eloped with the fifth respondent and had taken the two children also. In this https://hcservices.ecourts.gov.in/hcservices/

connection, on the complaint given by the petitioner, a case in Crime No.106 of 2017 has been registered on 26.02.2017 for "woman missing" and the investigation is in progress.

2. The fact remains that the petitioner's wife is aged about 28 years and that she had taken the two children and gone away with the fifth respondent. Under such circumstances, this is not a case, wherein a Writ of Habeas Corpus requires to be issued. Hence, this Habeas Corpus Petition is dismissed. However, the respondent police is directed to proceed with the investigation in Crime No.106 of 2017 and keep the petitioner informed of the developments, if any.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, O/o. The Commissioner of Police, Alagar Kovil Road, Madurai-2.

2.The Inspector of Police, Keerathurai Police Station, Madurai-2.

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

+1cc to Mr.M.SENDHIL KUMAR Advocate in SR. No.53771 SML JS/SV.MMS/5.05.2017/2P-5C ORDER MADE IN H.C.P.[MD].No.471 of 2017 Dated: 25.04.2017 https://hcservices.ecourts.gov.in/hcservices/