Mahalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1145 of 2022 M.Mahalakshmi .. Petitioner / wife of the detenu Vs.

1.The Superintendent of Police, Virudhunagar Virudhunagar District 2.The Inspector of Police, Rajapalayam (North) Police Station, Virudhunagar District 3.K.Ayyanar 4.Mariyappan 5.M.Kaleeshwari .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the person or body of the detenue, the petitioner's husband namely, A.Karuppasamy, S/o.Ayyanar, aged 34 years before this court and set him at liberty.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] On 15.07.2022, we passed the following order: "Alleging that the petitioner's husband A.Karuppasamy is in the illegal custody of the respondents 3 to 4, the present habeas corpus petition has been filed.

2.Today, Mr.K.Muthukrishnan, Special Sub-Inspector of Police, North Police Station, is present before this Court. 3.Learned counsel for the petitioner fairly submitted that on a complaint given by the petitioner, petition enquiry in C.No.G3/29882/1810/2022 is being conducted by the second respondent police.

4.Learned Additional Public Prosecutor submitted that if some time is granted, he would report the outcome of the enquiry to this Court.

5.Post the matter on 22.07.2022."

2.Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that since Karuppasamy did not appear for enquiry, the police have registered a regular FIR in Rajapalayam North Police Station Crime No.194/2022 on 15.07.2022 for 'man missing'. Recording the same, this petition is closed with a direction to the Deputy Superintendent of Police, Rajapalayam Sub Division, Virudhunagar, to monitor the investigation that is being conducted by the Inspector of Police, Rajapalayam North Police Station in Crime No.194/2022 and keep the petitioner informed of the developments, if any. As and when Karuppasamy is secured, he may be produced before the Judicial Magistrate, Rajapalayam, under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody.

(P.N.P.,J.) (R.H.,J.) 22.07.2022 Internet : Yes RR

To 1.The Judicial Magistrate, Rajapalayam.

2.The Superintendent of Police, Virudhunagar District 3.The Deputy Superintendent of Police, Rajapalayam Sub Division Virudhunagar District 4.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar 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.1145 of 2022 22.07.2022