Madras High CourtHCP(MD)/1463/2021disposed of

Umamaheswari v. The Superintendent Of Police

2021-10-26Honourable Mr Justice V. Bharathidasan,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P.(MD) No.1463 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.1463 of 2021 Uma Maheswari ... Petitioner/Wife of the detenue -vs1.The Superintendent of Police, Theni District.

2.The Sub-Inspector of Police, Chinnamanur Police Station, Chinnamanur, Theni 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 respondents 1 and 2 to produce the body or person of the Petitioner's husband, the detenue by name P.Anishkumar, S/o.Prabakaran, aged about 42 years, before this Hon'ble Court and set him at liberty.

For Petitioner :Mr.C.Kishore 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 husband by name P.Anishkumar, S/o.Prabakaran, aged about 42 years, is found missing from 15.08.2021, the petitioner is said to have given a complaint before the second respondent police. Since no action has been taken by the second respondent police to secure the detenu, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that on the basis of the complaint given by the petitioner, on suspicion one Suganya Devi has also been enquired and she denied the elopement with the detenu. In the above circumstances, the second respondent police is taking all possible steps to secure the detenu.

3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenu as https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1463 of 2021 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 detenu, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) cm/csm 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, Theni District.

2.The Sub-Inspector of Police, Chinnamanur Police Station, Chinnamanur, Theni District.

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

+1 CC to M/s.C. KISHORE, Advocate (SR-32901[F] dated 27/10/2021) ORDER MADE IN H.C.P.(MD) No.1463 of 2021 26.10.2021 SJ(CO) GC/JC(10.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2