K.Sakthivel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR K.Sakthivel ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karaiyur Police Station, Pudukottai District.

3.Siva ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to secure the petitioner's wife from the illegal custody of the third respondent herein and produce the body or person of the petitioner's wife namely Geetha S/o.Sakthivel, aged about 37 years before this Court and set her at liberty.

For Petitioner :Mr.N.Anandakumar For R1 & R2 :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 husband of the detenu seeking to produce the alleged detenu namely Geetha, aged about 37 years before this Court and set her at liberty.

2. The case of the petitioner is that the detenu is his wife aged about 37 years and that he married her in the year 2020. She had gone to her mother's place on 09.05.2024, but she did not return back to home and her mobile phone also switched off. On an enquiry with his mother-in-law, she had also informed that his wife had not returned back to home. Unable to find out the whereabouts, the petitioner had given a complaint, based on which, a case in Cr.No.68 of 2024 has been registered under 'Women Missing'. Later, on enquiry, he came to know that the third respondent had abducted his wife. Since no action has been taken by the respondent police, he had filed the present habeas corpus petition.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that based on the complaint given by the petitioner, a case has been registered in Cr.No.68 of 2024 under "Women Missing". During the course of investigation, it came to light that the petitioner's wife, who is the detenu aged about 37 years, has eloped with the third respondent and the CDR location shows that they are in Thirupur and the respondents 1 & 2 are taking steps to trace the detenu and as and when they traced or secured the detenu it will be intimated to the petitioner.

4. In view of the above, we find that the detenu is not in illegal detention of anybody. Therefore, this Habeas Corpus Petition is closed with a direction to the respondents 1 & 2 to continue with the investigation and as and when the detenu is traced or secured, it has to be informed to the petitioner. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 18.06.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karaiyur Police Station, Pudukottai District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 18.06.2024