Muruganantham v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL B.Muruganantham ... Petitioner -vs1.The Superintendent of Police Thanjavur District, Thanjavur 2.The Inspector of Police Thanjavur Taluk Police Station Thanjavur District 3.Saravanan ... 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 person or body of the detenu, namely, Hemamalini, wife of Muruganantham, aged 30 years, before this Court and set her at liberty. For Petitioner :

Mr.R.L.Dhilipan Pandian For Respondents :

Mr.A.Thiruvadikumar Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his wife, namely, Hemamalini, aged about 30 years, produce her before this Court and set her at liberty.

2. According to the petitioner, on 04.03.2025, his wife went to Post Office, but, she did not return to home. Despite search, he could not found his wife. Hence, on 11.03.2025, he lodged a complaint before the second respondent and based on the said complaint, a case in crime No.127 of 2025 was registered under the caption "Woman Missing". However, no action was taken thereafter to trace the the petitioner's wife. Hence, he submitted a representation on 24.03.2025 to the first respondent seeking a direction to the second respondent to trace his wife. However, even thereafter, no action was taken to trace the detenue. Hence, the present habeas corpus petition.

3. Learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondent - Police to take necessary action in accordance with law to trace the detenue within a time stipulated by this Court.

4. Learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, submitted that based on the complaint given by the petitioner, the respondent - Police have registered a case in crime No.127 of 2025 under the caption "Woman Missing" on 11.03.2025. Further, he submitted that investigation is going on and as and when the whereabouts of the detenue is found, she would be produced before the jurisdictional Magistrate Court and it would be intimated to the petitioner.

5. In view of the above, this habeas corpus petition is disposed of with a direction to the respondent - Police to take necessary action in accordance with law and trace the detenue as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. As and when the detenue is secured or her whereabouts is identified, she shall be produced before the jurisdictional Magistrate Court and the same shall be intimated to the petitioner forthwith. [M.D.I., J.] [R.S.V., J.] 08.05.2025 NCC :

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To:

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

M.DHANDAPANI, J.

AND R.SAKTHIVEL, J.

krk 08.05.2025