Rajasekar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1098 of 2022 Rajasekar .. Petitioner / husband and father of the detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of Police Pudukottai District 2.The Inspector of Police, Alangudi Police Station, Pudukottai District .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents No.1 and 2 to produce the persons or body of the detenue namely, Karthiyayinee, W/o.Rajsekar, female aged about 30 years, Shalmidha Sri, D/o.Rajasekarn, female child aged about 9 years, Niranjan, D/o.Rajasekar, male child aged about 4 1⁄2 years before this Court and set them at liberty.

For Petitioner : Mr.P.Manokaran For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his wife and two children went missing from 28.02.2022 and that police are not taking effective steps to secure them.

2. On instructions, the learned Additional Public Prosecutor submitted that earlier the petitioner's wife went missing, in connection with which, on a complaint given by the petitioner, a petition enquiry in CSR No.59/2022 was registered and during the course of enquiry, it came to light that the petitioner's wife had developed intimacy with one Prakash and had eloped with him. However, the petitioner's wife was secured and restored to the petitioner. Now, again the petitioner's wife had eloped with the said Prakash, but, this time, she has taken both the children with her. Now, on the complaint given by the petitioner, a case in Alangudi Police Station Crime No.160/2022 for "woman and children missing" has been registered on 15.06.2022 and investigation is in progress. In such view of the matter, we direct the Deputy Superintendent of Police, Alangudi Sub Division, to monitor the investigation that is being conducted by the Inspector of Police,

Alangudi Police Station in Crime No.160/2022 and keep the petitioner informed of the developments, if any. As and when the detenues are secured, they may be produced before the Judicial Magistrate, Alangudi, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. Accordingly, this petition is closed.

(P.N.P.,J.) (R.H.,J.) 08.07.2022 Internet : Yes RR To 1.The Judicial Magistrate Alangudi 2.The Superintendent of Police, Office of the Superintendent of Police Pudukottai District 3.The Deputy Superintendent of Police, Alangudi Sub Division, Pudukottai District.

4.The Inspector of Police, Alangudi Police Station, Pudukottai District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.N.PRAKASH,J.

and R.HEMALATHA, J.

RR H.C.P.(MD)No.1098 of 2022 08.07.2022