Kiruthiga Mahesh v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kiruthiga Mahesh ... Petitioner -vs1.The Commissioner of Police, Madurai City, Commissionerate Office, Madurai City.

2.The Assistant Commissioner of Police, Vilakuthoon Circle, Madurai City.

3.The Inspector of Police, B-6 Jaihindpuram Police Station, Madurai City.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to secure and produce the detenu Mr.Pitchumani, S/o.Suriya Narayanan, aged about 46 years old before this Court and set him at liberty.

For Petitioner :

Mr.S.Dinesh Rao For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the sister of the detenu seeking to produce the alleged detenu namely Mr.Pitchumani, S/o.Suriya Narayanan, aged 46, before this Court.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a case in Cr.No.141 of 2024 has been registered for 'Man Missing'. He would further submit that preliminary

investigation reveals that the the petitioner earlier got separated from his wife Meenakshi. Thereafter, he filed H.M.O.P.No.1031 of 2023 for restitution of conjugal rights before the Family Court, Madurai. During the pendency of the HMOP., they joined and started their matrimonial life and thereafter, the detenu had left the matrimonial home on 02.04.2024.

4. The learned Additional Public Prosecutor further submitted that the investigation is going on and as and when the detenu is traced or secured, it will be intimated to the petitioner.

5. Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed with a direction to the third respondent to continue with the investigation. [A.D.J.C., J.] [K.R.S., J.] NCC :

Yes / No 18.04.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Commissioner of Police, Madurai City, Commissionerate Office, Madurai City.

2.The Assistant Commissioner of Police, Vilakuthoon Circle, Madurai City.

3.The Inspector of Police, B-6 Jaihindpuram Police Station, Madurai City.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 18.04.2024