Chellathai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Chellathai .. Petitioner/Wife of the Detenu Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi.

3.The Inspector of Police, All Women Police Station, Alangulam.

4.Marikodi .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to Page No.1 of 6

direct the Respondents 1 to 3 to secure the detenu and produce the person or body of the Petitioner's husband, namely, R.Aadhimoolam, S/o.Ramasamy Thevar, aged 35 years, before this Court and set him at liberty.

For Petitioner : Mr.R.Chandrasubramanian For Respondents : Mr.T.Senthil Kumar 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 her husband Aadhimoolam, aged 35 years, has eloped with one Marikodi (4th respondent herein) that their whereabouts are not known and that the police are not taking effective steps to secure him, the petitioner has filed the present Habeas Corpus Petition with the above prayer.

2. Heard Mr.R.Chandrasubramanian, learned Counsel appearing for the petitioner and Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 to 3.

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3.Today Mr.Antony Baskar [Mobile No.9487671841], Special Sub Inspector of Police-399, Uthumalai Police Station, is present before this Court.

4. On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case, in Uthumalai Police Station, in CSR No.343/2022 dated 28.04.2022 has been registered.

5. In such view of the matter, we direct the third respondent police to register a regular 'man missing' FIR in CSR. 343/2022. We further direct the Inspector of Police, Uthumalai Police Station to conduct investigation after registering FIR and keep the petitioner informed of the developments, if any. As and when the detenu, Aadhimoolam, aged 35 years, is secured, he shall be produced before the learned Judicial Magistrate, Alangulam under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law.

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6. Accordingly, this Habeas Corpus Petition is closed. [P.N.P.,J.] & [R.H.,J.] 17.06.2022 Index : Yes/No Internet : Yes/No PJL To 1.The Judicial Magistrate, Alangulam.

2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram Town, Ramanathapuram District.

4.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

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P.N.PRAKASH, J.

and R.HEMALATHA, J.

PJL ORDER MADE IN 17.06.2022 Page No.6 of 6