A.Arockiyam v. The Superintendent Of Police

H.C.P.(MD)No.1403 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1403 of 2021 A.Arockiyam ... Petitioner/Husband of detenue vs.

1.The Superintendent of Police, Tuticorin District.

2.The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

3.The Inspector of Police, Kayathar Police station, Kayathar, Tuticorin District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the third respondent in this instant petition in order to produce the petitioner's missing wife Seethalakshmi, aged 36 years, in body or person before this court and set her at liberty. For Petitioner :

Mr.K.Neethimohan For Respondents :

Mr.S. Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife, by name, Seethalakshmi, aged about 36 years, found missing, the petitioner's mother has filed a complaint before the 3rd respondent Police. Since no action has been taken, the present Habeas Corpus Petition has been filed.

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H.C.P.(MD)No.1403 of 2021

2. Mr.S.Ravi, the learned Additional Public Prosecutor appearing for the State, on instructions, submitted that the petitioner's wife eloped with one Seetharaman and their whereabouts is not known and they are continuing the investigation.

3. Considering the above submissions, the 3rd respondent police is directed to proceed with the investigation, secure the detenue as early as possible and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Tuticorin District.

2.The Deputy Superintendent of Police, Kovilpatti,Tuticorin District.

3.The Inspector of Police, Kayathar Police station, Kayathar, Tuticorin District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

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