Amutha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA Amutha ... Petitioner Vs.

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

2.The Inspector of Police, Uthumalai Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to secure the detenu and produce the person or body of the petitioner's husband

namely, Balasubramanian, S/o.Soodamani, aged about 40 years, before this Court and set him at liberty forthwith.

For Petitioner : Mr.M.Sankar For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking to direct the respondents to produce the petitioner's husband, namely, Balasubramanian, aged about 40 years, before this Court and set him at liberty.

2. The case of the petitioner is that her husband one Balasubramanian went missing from 15.07.2022 and that the police are not taking effective steps to secure him. Hence, the petitioner has filed the present Habeas Corpus Petition with the above prayer.

3. Today, Mr.Nisanth, Sub-Inspector of Police, Uthumalai Police Station, Tenkasi District, is present before this Court. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Uthumalai Police Station Crime No.129 of 2022 has been registered on 13.08.2022 for 'man missing' and the investigation is in progress.

4. It is not the case of the petitioner is that her husband is in the illegal custody of the respondents for the issuance of a Writ of Habeas Corpus.

5. Hence, this habeas corpus petition is closed, with a direction to the Deputy Superintendent of Police, Aalangulam Sub Division, Tenkasi District, to supervise the investigation in Uthumalai Police Station Crime No.129 of 2022 and keep the petitioner informed of the developments, if any. As and when the petitioner's husband namely, Balasubramanian, aged about 40 years, is secured, he shall be produced before the Judicial Magistrate Court, Aalangulam, Tenkasi District, under

intimation to the petitioner. On such production, the learned Judicial Magistrate shall pass appropriate orders with regard to the custody, in accordance with law.

[P.N.P., J.] [R.H., J.] 26.08.2022 Index : Yes / No Internet : Yes / No rm Copy to

1. The Deputy Superintendent of Police, Aalangulam Sub Division,

2. The Judicial Magistrate, Aalangulam,

3. The Superintendent of Police, Tenkasi District, Tenkasi.

4.The Inspector of Police, Uthumalai Police Station,

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

P.N.PRAKASH , J.

and R.HEMALATHA, J.

rm 26.08.2022