Madras High CourtHCP(MD)/805/2021disposed of

A.Murugesan v. The Superintendent Of Police

2021-08-12Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.805 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.805 of 2021 A.Murugesan ... Petitioner -vs1.The State Represented by The Superintendant of Police, O/o. The Superintendant of Police, Tenkasi District.

2.The Sub Inspector of Police, Puliyarai Police Station, Puliyarai, Shengottai Taluk, Tenkasi District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents No.1 and 2 to produce the body or person of the petitioner's wife namely Kaleeswari, aged about 27 years old, W/o.Murugesan, aged about 37 years old before this Court and set her at liberty.

For Petitioner :

Mr.M.Thirunavukkarasu 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 Kaleeswari, aged about 27 years, is found missing from 28.03.2021, the petitioner has made a complaint before the second respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that the petitioner's wife Kaleeswari has eloped with one Vignesh and living with him and the respondent police are also taking steps to secure the detenu.

3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.805 of 2021 detenu and produce before the jurisdictional Magistrate. On such production, the jurisdictional Magistrate is directed to pass suitable orders, regarding the custody of the detenue, in accordance with law. The concerned Deputy Superintendent of Police is directed to monitor the investigation.

4. With the above directions, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (T&P) // 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 Superintendant of Police, O/o. The Superintendant of Police, Tenkasi District.

2.The Sub Inspector of Police, Puliyarai Police Station, Puliyarai, Shengottai Taluk, Tenkasi District.

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

H.C.P.(MD) No.805 of 2021 12.08.2021 PS(CO) SB(25.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2