M.Veerammal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Veerammal ... Petitioner -vs1.The State rep.by The Superintendent of Police Office of the Superintendent of Police Dindigul 2.The Inspector of Police Dindigul Taluk Police Station Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to secure and produce the body or person of the detenue namely M.Murugan @ Kullakutty (petitioner's husband), son of Late.Muthukaruppan, aged about 68 years and produce him before this Court and set him at liberty.
For Petitioner :
Mr.I.Romeo Roy Alfred For Respondents :
Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure her husband, namely, M.Murugan @ Kullakutty, aged about 68 years, produce him before this Court and set him at liberty.
2. It is the case of the petitioner that she is a daily wager and her husband was working as a labour in a Tanning Industry. On 13.02.2024, her husband attended the Court hearing in connection with C.C.No.551 of 2022, before the learned Judicial Magistrate No.I, Dindigul, and thereafter, he was in home. But, when she returned back to home after work, he was not available in the house. Though she searched for him, she could not trace him. Hence, on 15.02.2024, she gave a complaint to the respondent - Police and based on the said complaint, though a case in Crime No.105 of 2024, for man missing,
came to be registered, no action was taken thereafter. Hence, this habeas corpus petition.
3. Today, the second respondent - Police has filed a status report.
4. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that necessary steps are being taken to find out the whereabouts of the alleged missing person. Further, during preliminary enquiry, it was revealed that on 13.02.2024, the alleged missing person went along with one Karuppasamy in his two-wheeler. The respondent - Police enquired the said Karuppasamy. On enquiry, he had stated that on 13.02.2024, at about 05.30 p.m., while he was going to Batalagundu Byepass Road, the alleged missing person had requested him for lift and accordingly, he had dropped the alleged missing person near Kuttiyapatti Junction and thereafter, he was not aware of him. The respondent - Police had also gathered the mobile numbers of the said Karuppasamy, his wife Annalakshmi and daughters, namely, Veerammal and Varshini and one Shanmugavel, a neighbour of the alleged missing person. The respondent - Police had also examined the Panchayat President Mayilsamy against whom some allegations have been made and it was found
that during 2021, a case and counter case were registered against each other. He would further submit that the the respondent - Police are continuing with the investigation and as and when the detenu is secured or his whereabouts is located, the same will be intimated to the petitioner.
5. In view of the above submission of the learned Additional Public Prosecutor, this 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 detenu is secured or his whereabouts is identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 18.07.2024 NCC :
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To:
1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.
2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
krk 18.07.2024