Saranya 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 Saranya ... Petitioner -vs1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the body or person of the detenu Marudhakaliappan, S/o.Pandi Karuppaiyah/detenu, aged about 25 years/husband of the petitioner before this Court and set him at liberty. For Petitioner :Mr.S.Srikanth 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 wife of the detenu seeking to produce the alleged detenu namely Marudhakaliappan, S/o.Pandi Karuppaiyah, aged about 25 years before this Court and set him at liberty.

2. The case of the petitioner is that she married the detenu in the year 2020. While so, on 13.05.2024 the detenu went to his work and thereafter, he did not come back to the house in the evening. She enquired about him in Bose Fertilizer shop at Usilampatti wherein he is working. They also replied that her husband did not come to work from the morning itself. Therefore, she lodged a complaint before the second respondent. Based on the complaint, a case in Cr.No. 224 of 2024 has been registered under 'Man Missing' on 19.05.2024. Since whereabouts of the petitioner's husband is not known, she has 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.224 of 2024 under "Man Missing". During the course of investigation, it came to light that the petitioner's husband, who is the detenu aged about 25 years, has eloped with one Pandiselvi and the respondents 1 & 2 are taking steps to trace the detenu and as and when they are 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 an 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, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai 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