Sundaram v. The Superintendent Of Police

H.C.P(MD)No.900 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.900 of 2021 Sundaram ... Petitioner -vs1.The Superintendant of Police, Virudhunagar, Virudhunagar District.

2.The Sub Inspector of Police, Krishnankovil Police Station, Krishnankovil, Virudhunagar 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 2nd respondent to produce the person or body of Chithra Devi, aged about 25 years, the wife of the petitioner herein and set her at liberty.

For Petitioner :

Mr.A.R.Kannappan 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 Chithra Devi, aged about 25 years, is found missing from 09.06.2021, 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 has been filed.

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 Chithra Devi eloped with one Tamilarasan and gone to Chennai and subsequently, the investigation reveals that at the time of missing, the detenu was pregnant and they aborted the child and the whereabouts are not known.

3. Considering the above facts, the second respondent police https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.900 of 2021 is directed to proceed with the investigation and secure the 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 (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :

In view of the present lock down owing to COVID19 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, Virudhunagar, Virudhunagar District.

2.The Sub Inspector of Police, Krishnankovil Police Station, Krishnankovil, Virudhunagar District.

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

H.C.P.(MD) No.900 of 2021 12.08.2021 KS(CO) SB(27.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2