K.Kowsalya v. The Superintendent Of Police

H.C.P.[MD]No.992 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.[MD]No.992 of 2022 K.Kowsalya : Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi, Tenkasi District.

3.The Inspector of Police, Achanpudur Police Station, Tenkasi District.

4.Chinnamaridurai 5.Madathi : Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the petitioner's husband, the detenu, Karuppasamy, S/o.Chinnamaridurai aged about 25 years now illegally detained by the fourth and fifth respondents before this Court and set him at liberty.

For Petitioner : Mr.D.Rajaboopathy For Respondents 1 to 3 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.HEMALATHA, J.] It is the case of the petitioner that her husband Karuppasamy aged about 25 years went missing six months before and that the police are not taking effective steps to secure him. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer.

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H.C.P.[MD]No.992 of 2022 2.Heard Mr.D.Rajaboopathy, 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. 3.Today, Mr.M.Kaliah [Mobile No.9498194164] Special SubInspector of Police, Achanpudur Police Station, Tenkasi District, is present before this Court.

4.The police produced Karuppasamy and when we inquired him, he stated that he is not in the illegal custody of anyone and that he is in the house of his parents [fourth and fifth respondents] in Tenkasi. Since, Karuppasamy is not in the illegal custody of anyone, no Writ of Habeas Corpus can be issued.

5.Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // /07/2022 Sub Assistant Registrar(CS) MR To 1.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi, Tenkasi District.

3.The Inspector of Police, Achanpudur Police Station, Tenkasi District.

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

ORDER MADE IN H.C.P.[MD]No.992 of 2022 24.06.2022 SS/05/07/2022/ 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2