Subramanian, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1799 of 2018 Subramanian ... Petitioner -vs1.The Superintendent of Police Ramanathapuram District Ramanathapuram 2.The Inspector of Police Ilanchemboor Police Station Ilanchemboor Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the Respondents to secure and produce the body or person of the Petitioner's wife namely Muneeswari W/o.Subramanian, aged about 36 years and produce before this Court and set her at liberty.

For Petitioner :

Mr.T.Veerakumar For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Today, Mr.C.Ilavarasu, Inspector of Police, Kadaladi Police Station, Ramanathapuram District, is present.

2. It is the case of the petitioner that his wife Muneeswari, aged about 36 years, went missing from 04.05.2017 and thereafter, her whereabouts are not known. Hence, the present habeas corpus petition has been filed.

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3. On instructions, the learned Additional Public Prosecutor submitted that Muneeswari had illicit intimacy with one

Thirunagalingam, who is much younger to her in age and eloped with him. In this regard, on the complaint given by the petitioner, a case in Ilanchemboor Police Station Crime No.56 of 2018 for woman missing has been registered and investigation is in progress.

4. In such view of the matter, no writ of habeas corpus petition can be issued as the alleged detenu is not in the illegal detention of anyone. Hence, the habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Mudukulathur Sub-Division, Ramanathapuram District, to monitor the investigation in Crime No.56 of 2018 that is being conducted by the Inspector of Police, Ilanchemboor Police Station and keep the petitioner informed of the developments, if any, from time to time. Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) To:

1.The Deputy Superintendent of Police, Mudukulathur Sub-Division, Ramanathapuram District.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram 3.The Inspector of Police, Ilanchemboor Police Station, Ilanchemboor, Ramanathapuram District.

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

+1cc to Mr.T.Veerakumar, Advocate, SR.No.47462 H.C.P.(MD) No.1799 of 2018 15.02.2019 KRK KK/SAR-/14.03.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/