Chithiraiselvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Chithiraiselvi .. Petitioner / Mother of Detenue Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents herein to produce the body or person of the detenue by name Malini wife of Mari Selvam aged about 23 years and produce her before this Court and set her at liberty. For Petitioner : Mr.K.Arunraj For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Alleging that her married daughter, namely, Malini, aged about 23 years, is missing, the petitioner has filed the present Habeas Corpus Petition.

2. Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, who takes notice for the respondents, would submit that the petitioner's daughter, namely, Malini was married to one Mari Selvam, who is a Government servant and out of wedlock, they have a child aged about 2 years. Earlier, on 22.03.2024, the petitioner's daughter went missing along with her child and based on the complaint of her husband, CSR was registered. Thereafter, she returned to home on 27.03.2024 and thereby, the earlier complaint was closed. Subsequently, she once again went missing on 27.05.2024 leaving the child back with her husband. The learned Additional Public Prosecutor would further submit that on enquiry, it is found that due to matrimonial dispute between the alleged detenue and her husband, she has gone on her own. Hence, it is not a case of illegal detention. However, investigation is

going on and as and when the whereabouts of the alleged detenue is found, it would be intimated to the petitioner.

3. Recording the above submission of the learned Additional Public Prosecutor, the Habeas Corpus Petition is closed with a direction to the respondent Police to continue with the investigation in accordance with law and as and when the detenue is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith. (A.D.J.C.,J.) (K.R.S.,J.) 19.06.2024 NCC : Yes / No Index : Yes / No Lm To 1.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

Lm 19.06.2024