Madras High CourtHCP(MD)/599/2023disposed of

Soundararajan v. The Superintendent Of Police

2023-05-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Soundararajan ... Petitioner -vs1.The Superintendent of Police Madurai District 2.The Inspector of Police M.Chathirappatti Police Station Madurai District (Crime No.51 of 2023) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent herein to produce the detenue namely Kanimozhi, wife of Idhayaraja, aged 27 years, and Elavarasan, son of Idhayaraja, aged 5 years, daughter and grandson of the petitioner respectively before this Court and set them at liberty.

For Petitioner :

Mr.S.Sekar For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. The case of the petitioner is that his married daughter along with her son aged about five years is missing. It appears that based on the complaint given by the petitioner, a case in Crime No.51 of 2023 has been registered on the file of M.Chathirappatti Police Station, Madurai District. The so-called detenue is a major, aged about 27 years.

3. Be that as it may, no case for issuance of notice in this habeas corpus petition is made out. However, we direct the second respondent to take earnest efforts to trace the detenue. The jurisdictional Deputy Superintendent of Police will monitor the investigation and as and when the detenue is secured, she will be produced before the learned jurisdictional

Magistrate. The learned jurisdictional Magistrate will enquire the detenue and pass appropriate orders based on the outcome of the said enquiry.

4. With the above direction to the second respondent to secure the detenue as expeditiously as possible, this habeas corpus petition is disposed of.

[G.R.S., J.] [S.S.Y., J.] 10.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, M.Chathirappatti Police Station, Madurai District.

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

G.R.SWAMINATHAN , J.

and S.SRIMATHY , J.

krk 10.05.2023