S.Sivapriya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1241 of 2022 S.Sivapriya .. Petitioner Vs.

1.The Superintendent of Police, Madurai District Madurai.

2.The Inspector of Police, Appan Thiruppathi Police Station, Mathoor Vilakku Madurai District .. 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 body or person of the detenue namely Yogeshwaran, S/o.Chandrasekar, aged about 30 years before this Court and set him at liberty. For Petitioner : Mr.A.Pushpanthan 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 her husband Yogeshwaran, aged 30 years went missing from 15.06.2022 and that police are not taking effective steps to secure him.

2. Today, Mr.Balamurugan, Appanthirupathi Police Station, Madurai District, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Appan Thiruppathi Police Station Crime No.87/2022 was registered for 'man missing' and during the course of investigation, it came to light that on account of matrimonial dispute, Yogeshwaran has left home without informing his wife. It is not the case of the petitioner that her husband is in the illegal custody of the respondents herein for issuance of a Writ of Habeas Corpus. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Oomachikulam Sub Division to monitor the investigation that is

being conducted by the Inspector of Police, Appan Thirupathi Police Station Crime No.87/2022 and keep the petitioner informed of the developments, if any. As and when Yogeshwaran is secured, he may be produced before the Judicial Magistrate, No.V, Madurai under intimation to the petitioner and the learned Magistrate may pass appropriate orders with regard to custody. (P.N.P.,J.) (R.H.,J.) 29.07.2022 Internet : Yes RR To 1.The Judicial Magistrate, No.V Madurai.

2.The Superintendent of Police, Madurai District 3.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District 4.The Inspector of Police, Appan Thiruppathi Police Station, Madurai 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.1241 of 2022 29.07.2022